Hong Kong, Citizen Exodus 'Halted'... Immigration Law Amendment Passed

Authorities Gain Ability to Control Entry and Exit of Specific Individuals
Opposition Condemns as "Suppression of Democratic Figures"

The British Overseas Citizen Passport (bottom) and the Hong Kong passport [Image source=Reuters Yonhap News]

[Asia Economy Reporter Kim Suhwan] Concerns are rising that citizens' free movement will be restricted as the Hong Kong legislature passed a bill allowing strict control over entry and exit.

On the 28th (local time), the Legislative Council, Hong Kong's equivalent of parliament, passed the Security Bureau's (Ministry of Justice) amendment to the 'Immigration Ordinance' with 39 votes in favor and 2 against. Known as the immigration law, the amendment allows the Hong Kong Immigration Department (immigration office) to control passengers, crew members, and aircraft entering and leaving Hong Kong. The amendment will take effect on August 1.

As a result, the Hong Kong Immigration Department can independently decide who can enter and leave Hong Kong and, if necessary, block the entry or exit of specific individuals.

This measure comes amid China's efforts to revoke Hong Kong's autonomy following the enactment of the National Security Law after large-scale pro-democracy protests began in Hong Kong in 2019. The opposition and legal circles express concerns that the 'exit ban' measures applied to dissidents in China might also be implemented in Hong Kong.

Earlier in February, the Hong Kong Bar Association criticized the amendment, stating that it "clearly grants the Immigration Department head unlimited power" and that "decisions to block the exit of Hong Kong residents and others should be made by the courts through due legal process, not by the Immigration Department head."

In response, the Security Bureau argued that the amendment applies only to entrants to Hong Kong and targets illegal immigrants.

John Lee, Hong Kong Security Secretary, said in the legislature after the amendment passed, "We face several challenges, including a surge in fake asylum seekers abusing the system related to illegal immigrants," and added, "The amendment is to prevent this and will not affect the travel freedom of Hong Kong residents."

However, critics point out that the Security Bureau's explanation is not explicitly stated in the amendment, leaving room for arbitrary interpretation. This implies that the Hong Kong government could potentially impose exit bans on citizens leaving Hong Kong if it wishes.

The Civic Party, Hong Kong's second-largest opposition party, criticized in a statement, "The freedom of entry and exit for Hong Kong residents is guaranteed by the Basic Law (Hong Kong's mini-constitution)."

The Guardian reported, "The amendment was passed amid an increase in Hong Kong residents emigrating to the UK and other countries following the enforcement of the Hong Kong National Security Law last year," and noted, "Authoritarianism is taking root in Hong Kong, which was once politically free."

This content was produced with the assistance of AI translation services.