Immigration amendments take effect in August to prevent claimants from delaying repatriation

The Immigration (Amendment) Ordinance 2021 will come into effect on August 1.

The Amendment Ordinance empowers the Secretary for Security to formulate regulations to implement the "pre-notification of passenger information" system. The practice has aroused public concern. The Security Bureau stated that the government is studying the overall operating arrangements of the system and will subsequently formulate relevant subsidiary legislation. The government will implement the system in due course Consult the Legislative Council on subsidiary legislation and system arrangements.

According to the Security Bureau, the "advance notification of passenger information" system will be formally implemented after the Legislative Council has reviewed and passed subsidiary legislation and approved funding to establish the required system. It will not take effect at this stage.

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Tai Tam Gap Correctional Institution can detain 160 claimants when it reopens

The Security Bureau pointed out that the amendments will further improve the arrangements for non-refoulement claims, including improving the review efficiency of the Immigration Department and preventing delays, improving the procedures and functions of the Torture Claim Appeal Board, and strengthening interception at source, law enforcement, deportation and detention of claimants, etc. .

After the regulations come into effect, the claimant must attend the meeting as required by the Immigration Department. If the claimant is absent from the meeting, the Immigration Department can still make a decision on the relevant claim.

During the audit interview, the Immigration Department will arrange to provide simultaneous interpretation services at public expense for the claimant as needed. However, in individual cases, if the Immigration Department reasonably believes that the claimant can understand a certain language and can communicate in that language, the Immigration Department may direct the claim People communicate in that language.

According to the Security Bureau, the new regulations and arrangements will help improve the efficiency of the Immigration Department and the Appeal Board, and can effectively prevent individual claimants from attempting to delay the relevant procedures. The improved procedures continue to comply with the "high fairness standards" set by the court. Claim.

The situation of the Castle Peak Bay Immigration Center (CIC), which is used to detain claimants, has also received social attention in recent years. The bureau stated that it would continue to use the existing detention facilities to detain claimants who pose a greater risk to public order. It points to the current jurisdiction of the Immigration Department. The lower Castle Peak Bay Immigration Center can accommodate up to 500 people. The Tai Tam Gap Correctional Institution, which has just reopened to service, has 160 detention places to strengthen the Immigration Department’s ability to handle detention cases.

The Bureau pointed out that the revised "Immigration Ordinance" also stipulates that in determining whether the detention period is reasonable and legal, in addition to the specific circumstances of individual cases, different factors that can support a longer detention period should also be considered, including whether the person is right or wrong. (Or is it likely to pose a threat or security risk to society).

The Advance Passenger Information System shall be funded by the Legislative Council

The Amendment Ordinance empowers the Secretary for Security to formulate regulations to implement the "Pre-Notification of Passenger Information" system. It claims that the system is used to fulfill the Hong Kong Special Administrative Region’s international responsibilities under the Convention on International Civil Aviation. The standards recommended by aviation organizations, and with reference to foreign practices, study the overall operational arrangements of Hong Kong's "advance passenger information" system, and then formulate relevant subsidiary legislation. The government will consult the Legislative Council on relevant subsidiary legislation and system arrangements in due course.

"Pre-notification of passenger information" will be formally implemented after the Legislative Council has reviewed and passed subsidiary legislation and approved funding to establish the required system. It will not take effect at this stage.

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