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Under the convention updated in 2018 by the International Civil Aviation Organization, immigration authorities can ask airlines not to “allow individuals to board the plane” bound for Hong Kong and to provide them with passenger information prior to departure. flight departure.
The proposed amendment would empower the security secretary to make the pertinent regulations, as the bureau hoped to “reduce at the source the number of non-ethnic Chinese illegal immigrants and people staying outside” who could submit offers of asylum, according to a document that the office previously submitted. to the Legislative Council.
“The proposed advanced passenger information system is intended to require the provision of passenger information on flights to Hong Kong, rather than on outbound flights,” the office said. “The right of Hong Kong residents to enter or leave Hong Kong is not affected,”
He stressed that the government will ensure that the measures are in line with the Basic Law, the city’s mini-constitution and the Hong Kong Bill of Rights.
Freedom to travel and the right of residents to enter or leave the city are guaranteed by article 31 of the Basic Law and article 8 (2) of the Bill of Rights under the Bill of Rights Ordinance. Hong Kong.
The office added that authorities would provide full details through discussion on the
Bill Committee and other channels to ensure a clear understanding of the issue, while relevant stakeholders would also be consulted on their views.
Other key elements of the bill included increasing the fine for airlines that brought potential claimants to the city to a maximum of HK $ 100,000 (US $ 12,900) to reflect the severity of the infraction.
According to the office document submitted to Legco, the number of new non-refoulement claims filed with the Department of Immigration in 2014 and 2015 quadrupled, following the Final Appeal Court rulings in two relevant judicial review cases. Since 2018, the department has been receiving between 1,000 and 1,200 new complaints per year.
He also said that in recent years, total government spending related to handling non-refoulement claims was around HK $ 1.1 billion a year.
the Mail has contacted the Bar Association for comment.
