The influential Hong Kong Bar Association has spoken out against a government proposal that could give the immigration director “seemingly unfettered power” to prevent anyone from leaving town.
The Hong Kong Bar Association (HKBA) raised its alarm on Friday in a paper submitted to the city’s legislative council on the proposed law, which could prevent a person – resident or non-resident – from boarding a carrier from the financial center.
“It is of particular concern that the grounds on which such an intrusive power can be exercised are not set out in the proposed legislation, and no explanation is given as to why such power is needed, or even how it is intended to be used. , “” Said HKBA in the submission.
“If new power is to be conferred to prevent residents of Hong Kong and others from leaving the region … It should be up to the courts, not the director, to decide when it is necessary and proportionate to travel ban, “added.
Since the enactment of a new national security law in June last year, more and more democracy activists and politicians have fled into exile as China tightened its grip on the semi-autonomous city.
The political situation has also led to a greater exodus of Hong Kongers, many of whom are taking up immigration plans offered by places like the UK, Canada and nearby Taiwan.
In late January, the city government proposed an amendment to an existing law to give the immigration director the power to prevent a person from leaving without first going through a court.
The HKBA also pointed out that there were existing powers to prevent a person from leaving Hong Kong, including the newly implemented security law, which may require the surrender of travel documents in certain circumstances.
The need for further legislation is “difficult to understand”, it concluded.
Since Beijing imposed national security law to quell massive democracy protests, nearly 100 people have been arrested, including media mogul Jimmy Lai and prominent activist Joshua Wong.
Four have been charged with crimes that could lead to life imprisonment if convicted.