The influential Hong Kong Bar Association has spoken out against a government proposal that could give the immigration director “apparently unimpeded power” to prevent anyone from leaving the city.
The Hong Kong Bar Association (HKBA) sounded the alarm on Friday in an article submitted to the city’s Legislative Council on the proposed law, which could prevent any individual – whether a resident or not – from leaving the financial center. climb.
‘It is of particular concern that the grounds on which such invasive power may be exercised are not set out in the proposed legislation, and no explanation is given as to why such a power is necessary or even how it is intended to be used. will not be, ”HKBA said in the submission.
“If there is to be a new force to prevent Hong Kong residents and others from leaving the region … the courts, not the director, must decide when necessary and proportionate to impose a travel ban , “it said. added.
Since the introduction of a new national security law in June last year, an increasing number of democracy activists and politicians have fled into exile as China tightens its grip on the semi-autonomous city.
The political situation has also led to a broader exodus of Hong Kongers, many of whom include immigration plans offered by places such as the United Kingdom, Canada and nearby Taiwan.
In late January, the city’s government proposed amending an existing law to empower the director of immigration to prohibit an individual from leaving without first going through a court.
The HKBA also pointed out that existing powers exist to prevent anyone from leaving Hong Kong, including the newly implemented security law, which in certain circumstances may require the return of travel documents.
The bottom line is that the need for further legislation is ‘difficult to understand’.
Since the introduction of the national security legislation in Beijing to dispel major protests against democracy, nearly 100 people have been arrested, including Democratic media mogul Jimmy Lai and leading activist Joshua Wong.
Four of them have been charged with crimes that could result in life imprisonment if convicted.