#PoliceState #HumanitarianCrisis
Hong Kong Bar Association: Immigration amendment bill may affect HKers' Freedom of Movement
The Hong Kong Legislative Council (#LegCo) has been deliberating a proposed amendment bill to the #ImmigrationOrdinance, which would empower the Head of the Immigration Bureau to forbid passengers or crew members from boarding a plane.
The Hong Kong Bar Association (#HKBA) issued a statement on February 16, 2021, pointing out that the proposed amendment might hinder citizens’ rights to leave Hong Kong and contravene the #BasicLaw or the Hong Kong Bill of Rights Ordinance.
The Bar Association pointed out that there was a Court of Final Appeal case which stated that discretion could not be exercised lightly if the legislation involved restrictions on basic human rights.
The Association reiterated that the government should make it clear in the amendment bill so that the Ordinance would not be interpreted too loosely.
Given the general nature of the primary legislation, if the government wanted to reflect the legislative intent, it should clearly stipulate that the Head of the Immigration Bureau could only exercise limited powers in relation to incoming flights.
Source: Stand News, #Feb16
The Statement Issued by Hong Kong Bar Association:
https://www.hkba.org/sites/default/files/20210216%20-%20%20Statement%20on%20SB%27s%20clarifications%20on%20Immigration%20%28Amendment%29%20Bill%20%28Chi%29.pdf
#ImmigrationBureau #Power #HumanRights #FreedomofMovement #AmendmentBill
Hong Kong Bar Association: Immigration amendment bill may affect HKers' Freedom of Movement
The Hong Kong Legislative Council (#LegCo) has been deliberating a proposed amendment bill to the #ImmigrationOrdinance, which would empower the Head of the Immigration Bureau to forbid passengers or crew members from boarding a plane.
The Hong Kong Bar Association (#HKBA) issued a statement on February 16, 2021, pointing out that the proposed amendment might hinder citizens’ rights to leave Hong Kong and contravene the #BasicLaw or the Hong Kong Bill of Rights Ordinance.
The Bar Association pointed out that there was a Court of Final Appeal case which stated that discretion could not be exercised lightly if the legislation involved restrictions on basic human rights.
The Association reiterated that the government should make it clear in the amendment bill so that the Ordinance would not be interpreted too loosely.
Given the general nature of the primary legislation, if the government wanted to reflect the legislative intent, it should clearly stipulate that the Head of the Immigration Bureau could only exercise limited powers in relation to incoming flights.
Source: Stand News, #Feb16
The Statement Issued by Hong Kong Bar Association:
https://www.hkba.org/sites/default/files/20210216%20-%20%20Statement%20on%20SB%27s%20clarifications%20on%20Immigration%20%28Amendment%29%20Bill%20%28Chi%29.pdf
#ImmigrationBureau #Power #HumanRights #FreedomofMovement #AmendmentBill