Hong Kong’s Legislative Council passed the Immigration Bill on April 28 in a blaze of glory, criticized for legislating to restrict Hong Kong people’s freedom without consultation. (Cheng Ming/SOH)
Hong Kong’s Legislative Council yesterday passed an amendment bill to the Immigration Ordinance, which contains the power to prevent people from leaving Hong Kong, raising concerns that the authorities may impose an exit ban. In this regard, the United States today (29) expressed “serious concern”.
The Immigration (Amendment) Bill 2020, described by the Hong Kong public as a “lock-up ordinance”, was passed yesterday in the pro-establishment Legislative Council after only two hours of deliberation with 39 votes in favor and two against the third reading. The Bill includes provisions authorizing the government to require airlines to notify the Immigration Department of passenger information before a flight arrives in Hong Kong, as well as empowering the Immigration Department to require airlines to prohibit the carriage of individual passengers. The new law will be implemented on August 1.
In response, a State Department spokesperson issued a statement today saying, “We are aware of the legislation and share Hong Kong’s deep concerns about the content, potential use, and lack of oversight or accountability of the bill.”
The statement added, “We have long been concerned that China has arbitrarily imposed exit bans without due process of law, including for use against U.S. citizens. Today we are deeply concerned about the Hong Kong government’s use of similar measures.”
In addition, while the Hong Kong government says the new immigration bill is intended to stop illegal immigrants from entering Hong Kong and does not apply to those leaving, the wording of the bill does not, however, limit this power to inbound flights or immigrants. Legal experts point out that this ordinance may also be applied to all people leaving Hong Kong.
A number of groups, including the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, the Democratic Alliance for the Betterment and Progress of Hong Kong and the Hong Kong Confederation of Trade Unions, held a press conference immediately after the passage of the bill to express their concerns. In response, the Hong Kong government added yesterday evening that it would draft subsidiary legislation to specify that the law would apply only to flights to Hong Kong.
In this regard, the U.S. statement urged the Hong Kong government to keep its “public commitment” and not to use the law as “an excuse to deny boarding to departing passengers.
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