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Migration and Citizenship in the Asia Pacific: Legal Issues - Working Paper 5
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Asia Pacific Migration Research Network
Working Paper No. 5
 

Migration and Citizenship in the Asia Pacific: Legal Issues

Edited by Patrick Brownlee

Published by the APMRN Secretariat
Migration and Multicultural Program
Centre for Asia Pacific Social Transformation Studies
University of Wollongong, Australia

ISSN 1328-2530
Copyright © 1998

Table of Contents
    Acknowledgements

    Preface

    1. Migration to and from Australia: the Legal Framework
    Michael Morrissey with Gianni Zappala and Stephen Castles

    2. Legal Aspects of International Migration in Fiji
    Anand Chand and Vijay Naidu

    3. Legal Issues of Migration in Hong Kong S.A.R
    Tammy Leung, Mei-ling Fung and Siu-lun Wong

    4. The Constant Flux, the Mobile Reserve and the Limits of Control: Malaysia and the Legal Dimensions of International Migration
    Shamsulbahriah Ku Ahmad

    5. Regulating International Migration: a New Zealand Perspective
    Richard Bedford, Joanne Goodwin, Elsie Ho, Jacqueline Lidgard, Cluny Macpherson and Paul Spoonley

    6. Rules and Regulations Relating to Singapore: the Case of Singapore
    Chew Soon Beng and Rosalind Chew

    7. Thailand's Immigration and Emigration: a Legal Overview
    Aaron Stern and Supang Chantavanich

    8. The Change of Regulations on Rural-Urban Migration in China
    Zhang Youyun, Ma Chunhua and Huang Ping

    9. Legal Aspects of International Labour Migration in Indonesia
    Agus Sutanto

    10. Sojourn Status and legal Rights of International Migrant Workers in Korea
    Seok Hyunho

    11. The Europol Convention and Filipino migrant Workers: Legal and Other Issues in the Protection of Filipino Workers' Rights in Host Countries
    J. Sedfrey S. Santiago


Preface

The papers in this volume were originally presented at the second Asia Pacific Migration Research Network (APMRN) Conference at Hong Kong University in February 1998. A set of guidelines was circulated with a call for papers requesting information on immigration and citizenship law in each of the countries represented at the Conference. The guidelines were designed to facilitate a comparative approach to studying different national legislation. As the papers show, there are some important similarities in the legal aspects of migration. For a region which is becoming increasingly affected by intra-regional population movements, there are also significant differences in immigration and settlement regulations.

The aim of this publication is not to provide definitive legal interpretation of aspects of migration and citizenship law, but to explain the most important features as they relate to the APMRN's mission to study the social and political issues of migration and ethno-cultural diversity in the Asia Pacific region. Highlighting the complexities of different legislation, this volume is a valuable starting point towards understanding common policy responses to the migration and settlement processes experienced throughout the Asia Pacific.

The papers have been divided into two sections. Section One contains papers which provide a broader overview of migration-related legislation vis. a vis social policy and citizenship law. One of the key issues is the rights of citizens and the nature of exclusion of non-citizens. For instance, gender plays an important role as there are cases where women cannot claim dual citizenship in certain countries.

Section Two contains more specific studies of labour migration regulations. High volume labour migration is the most important issue confronting a number of Asian and Pacific countries and there are some unique legislative measures which both facilitate and restrict this migration.

There are two papers on the People's Republic of China (PRC). A paper on legal issues relating to the Hong Kong Special Administrative Region (SAR) was presented to highlight the legislative changes the SAR had experienced since its return to China in July 1997. The paper on the People's Republic of China is a special case in Section Two focusing on rural-urban labour migration and the intricate legislative procedures between local, regional and national levels.

Overall, the papers in this volume present information emphasising that legislating for migration and citizenship is a complex issue affected by an array of social, political and cultural norms. For a region increasingly linked by trade and the homogenising force of Globalisation, there is still diversity in its approach to population mobility and who belongs.

    Patrick Brownlee
    APMRN Project Coordinator

For more information, please contact:

    APMRN Secretariat
    Migration & Multicultural Studies
    Centre for Asia Pacific Social Transformation Studies
    University of Wollongong
    Northfields Avenue, Wollongong, NSW 2522
    Australia
    Telephone: +61 (02) 42 213 780
    Fax: +61 (02) 42 286 313
    E-mail: apmrn@uow.edu.au
    On Internet: http://www.capstrans.edu.au/apmrn/


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