Beijing and the Hong Kong government have been criticizing the British government over the BNO issue in recent months, and have announced that they will not recognize the status of the BNO, but this has not stopped the increasing number of Hong Kong people from emigrating. In recent days, the Hong Kong government is planning to amend the law to give the Secretary for Security the power to restrict anyone from leaving Hong Kong. The Hong Kong Bar Association said the situation is disturbing.
Hong Kong government to amend the law to arbitrarily restrict any person to leave the territory
The Hong Kong Legislative Council is considering the Immigration (Amendment) Bill 2020, which would give the Secretary for Security the power to direct the Director of Immigration and others not to carry a person in a certain means of transport. The Bar Association today (11) issued a paper saying it is deeply concerned about the proposed amendments, which give the Director of Immigration apparently unfettered powers to restrict Hong Kong people and others from leaving Hong Kong; and the amendments do not specify the grounds under which such intrusive powers can be exercised, nor do they explain the need for the powers.
At present, Hong Kong already has a mechanism to restrict Hong Kong people from leaving Hong Kong, including suspected criminal offences and The prevention of any disease, in other words, the proposed legislation allows the Secretary for Security to bypass the courts and restrict any person from leaving Hong Kong without justification.
Clause 3 of the Immigration (Amendment) Bill 2020 proposes to add a new section 6A to the Immigration Ordinance to empower the Secretary for Security to make regulations to provide data to the Director of Immigration on passengers, etc. on board conveyances, and to empower the Director of Immigration to give directions as to whether a conveyance may or may not carry individual passengers.
Bar Association: Abolish people’s basic freedom to travel and enter or leave the country
The Hong Kong Bar Association submitted a submission that the amendments empower the Director of Immigration to prohibit any person, including Hong Kong citizens, from leaving Hong Kong, without specifying on what grounds the Director can exercise this special power or how to ensure that the power is not abused. The relevant power restricts the basic freedom of travel and entry and exit granted to the public under the Basic Law.
The Bar Association pointed out that the amendments to the ordinance in question abolished the fundamental freedom to travel and to enter or leave the country, but did not set out the reasons for the amendments. It is difficult to understand what further purpose this amendment is intended to serve, given that the existing law already restricts some people from leaving Hong Kong.
The Bar Association believes that if there is a new power under the law to restrict people from leaving Hong Kong, the rationale must be clearly set out in the early stages of the legislation, and the decision should be made by the courts to determine whether it is necessary and proportionate to enforce the travel ban, not by the Director of Immigration. In addition, the regulations also have appropriate protection, including the Time limit must be set to prohibit travel, entry and exit.
Since the resignation of the pro-democracy legislators last year, the Legislative Council has been completely controlled by pro-Beijing legislators, and any bill proposed by the government will not meet with resistance.
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