The authorities in Hong Kong have declared that Certificates of No Criminal Conviction (CNCCs), the equivalent of a criminal records check, can only be obtained for reasons relating to applications for a visa, to visit or to reside in another country, or for the adoption of children. However, in exceptional circumstances, they may also give consideration where a CNCC is required to meet the legal or administrative requirement of foreign countries. This could include pre-employment checks needed for a BN(O) to start a job in the UK in some sectors.
In the UK there are some statutory requirements for employers to carry out such checks, but in many instances, it is only best practice to do so. Information about pre-employment checks in the education sector can be found in Keeping Children Safe in Education (Part 3 – Safer Recruitment) and for healthcare under the NHS Employment Criminal Record Check standards.
As of 8 June 2022, the Foreign, Commonwealth and Development Office (FCDO) no longer issues letters to the Hong Kong Police as part of a CNCC request. If the applicant holds an offer of employment from an organisation that requires a CNCC check, they should request a CBCC direct from the Hong Kong Police. They should include an official offer of employment from the relevant organisation, for example, the NHS. If granted, the Hong Kong Police will send the CNCC directly to the prospective employer.
Guidance on requesting a CNCC (such as the style of letter required) is available on the Hong Kong Police website.
If the Hong Kong Police do not provide a CNCC, we would encourage the BN(O) to contact the employer and direct them to the relevant guidance for when obtaining a CNCC is not possible: in education, Keeping Children Safe in Education (Part 3 – Safer Recruitment) and for healthcare, of the NHS employers guidance (point 7.5).
The Home Office has updated its GOV.UK page on obtaining a CNCC to make the above process clearer.