A proposed legal amendment by the Hong Kong government that would give the Director of Immigration the power to prohibit anyone from leaving Hong Kong has raised concerns among the Hong Kong Bar Association.
In a letter to the Hong Kong Legislative Council, the influential Hong Kong Bar Association expressed concern about the proposed amendment, which “would apparently give the Director of Immigration unfettered powers to prohibit residents and non-residents alike from leaving Hong Kong’s half of the autonomous territory.
Since Beijing implemented the National Security Law in June 2020, a growing number of activists and former elected officials from the pan-democratic camp have fled the former British colony of Hong Kong and gone into exile.
The political situation in Hong Kong in general has led to an exodus of Hong Kongers who have taken advantage of the immigration opportunities offered by the United Kingdom, Canada and Taiwan, among others.
In late January, the Hong Kong government proposed an amendment to an existing law. This amendment gives the Director of Immigration the power to prohibit individuals from leaving Hong Kong without first resorting to a court ruling.
The Hong Kong Bar Association argues that if new powers must be given to prevent Hong Kong residents and non-residents from leaving the region, …… should be the courts, not the Director, to decide when to impose a travel ban.
Lawyers from the Hong Kong Bar Association pointed out that there are already legal weapons to prevent individuals from leaving Hong Kong, and that the National Security Law provides for the confiscation of travel documents in certain circumstances, so it is “difficult to understand” why a new legislative text is needed.
AFP noted that nearly 100 people, including newspaper tycoon Lai Chi-ying and fighter Wong Chi-fung, have been arrested since the implementation of Hong Kong’s National Security Law.
In August, a dozen people were arrested by the Communist Party’s coast guard as they tried to flee Hong Kong and take a boat to Taiwan. Most of the people on the boat were charged in Hong Kong for their alleged connection to the 2019 pro-democracy protests.
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