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Hong Kong legal body wants greater clarity over proposed immigration changes, after fears new powers could stop people leaving the city

  • Bar Association urges government to state clearly what amendment covers after accepting Security Bureau’s explanation
  • Amendment to legislation said to be aimed at bringing city into line with international norms for aviation

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Officials have said the amendments are not aimed at stopping people leaving the city. Photo: Xiaomei Chen

The Hong Kong Bar Association has urged the government to state clearly in a proposed legislative amendment that officials would not have the power to stop residents entering or leaving the city, after accepting clarification that changes targeted the arrival of torture claimants.

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The legal body issued a statement on Tuesday, after it was criticised by the Security Bureau for mistakenly believing the proposed changes would give immigration authorities the power to bar anyone, including Hongkongers, from leaving.

A legislative amendment in the immigration procedure seeks to empower the immigration chief to direct that a passenger or a crew member may not board an aircraft flying to the city.

The association expressed concern in a statement last week that the proposal could give “apparently unfettered power” to the immigration director to stop any individual from boarding a flight out of the city.

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Hong Kong immigration denies entry to Human Rights Watch executive director

Hong Kong immigration denies entry to Human Rights Watch executive director

Explaining the aim of the Immigration (Amendment) Bill 2020, the bureau last Saturday expressed disappointment that the barristers’ group had misinterpreted the proposed measure, which was set to be an arrival procedure.

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It said it was meant to fulfil the city’s obligation under the Convention on International Civil Aviation to prevent potential asylum seekers, or non-refoulement claimants as they are formally called, from entering Hong Kong to make an application immediately upon arrival.

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