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Written by: Zhong Yan
2021-02-13 20:34
The last update date: 2021-02-13 20:34
The Legislative Council is reviewing the "Immigration (Amendment) Bill 2020". The government stated that it aims to improve the review procedures for non-refoulement claims and strengthen its work on law enforcement, deportation and detention.
However, clause 3 of the revised draft proposes to add section 6A to the Immigration Ordinance, requiring information or data of passengers or crew members to be provided to the Director of Immigration, and instructing a certain means of transport not to allow a certain passenger, causing counsel The Association was concerned and submitted a submission to the Legislative Council the day before (11 days), stating that the Basic Law protects the freedom of entry and exit of Hong Kong people. It believes that the amendment does not specify the circumstances under which the Director of Immigration can exercise special powers. Power becomes unchecked.
The Security Bureau replied that the purpose of the proposed forecasting system under the bill is to require passengers to provide information on arrivals rather than departing from Hong Kong. It will not affect the freedom of entry and exit of Hong Kong residents and will have any impact on the relevant provisions of the Bar Association. The opinions fail to accurately reflect the purpose and facts of the provisions, and cause unnecessary misunderstandings.
The Legislative Council is considering the "Immigration (Amendment) Bill 2020". It is proposed to add section 6A to the "Immigration Ordinance". Passengers, aroused the attention of the Bar Association.
(Photo by Yu Junliang/Data Picture)
The proposed section 6A(1) of the Bill is divided into two parts. Item a means that the Director of Immigration may provide for "information or data concerning a vehicle, its passengers or crew members", and item b The Director of Immigration is empowered to “instruct a certain means of transport to carry a passenger or a certain crew member of the means of transport.” In Article 6A, although it is specified or regulated “to be made outside Hong Kong What happened or what happened”, but there is no obvious mention in the civilized articles that only inbound flights are required, not outbound flights.
A spokesperson for the Security Bureau said that the provisions are to fulfill Hong Kong’s international responsibilities under the Convention on International Civil Aviation, and pointed out that the Convention requires all members to implement an advance passenger information system, and that airlines must depart from the port of destination before taking off. Immigration control agencies provide all passenger and crew information, which has been implemented in more than 90 countries, including EU member states and the United States and Canada.
The spokesman pointed out that in general, the empowerment provisions prescribed by the government in the main legislation will be "more general and brief", and then the subsidiary legislation to be prepared will specify specific details and clear provisions.
According to the press release, the Immigration Department is formulating the details of the operation of the Advance Passenger Information System. In the process, it will refer to the relevant guidelines of the International Civil Aviation Organization and the implementation experience of various places, and will also consult relevant stakeholders. Later, the relevant subsidiary legislation will be "written before consideration."
The Security Bureau stated that the purpose of the provisions has been explained in the Legislative Council and the background of the relevant system and the proposed provisions has been clearly explained. The Government will continue to provide adequate explanations to the Legislative Council and the public through discussions in the Bills Committee and other channels.
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