1/ Section 6A of the Immigration (Amendment) Bill 2020 raises concerns not only for asylum seekers, but all persons in general. ...
2/ The newly proposed section 6A empowers the Government to obtain information of all passengers seeking to travel via carriers (including aircrafts and other means of transportation), and to prohibit them from travelling on board that carrier. ...
3/ The regulations would also empower the Government to place restrictions on any person or any class of persons. ...
4/ This section could apply to all Hong Kong residents, with the potential effect of constituting an unreasonable restriction on freedom of movement guaranteed under Article 31 of the Basic Law and right to privacy guaranteed under Article 14 of the Hong Kong Bill of Rights. ...
5/ This section could also apply to any foreigner seeking to travel via a carrier, as the section is so widely worded to empower the Government to regulate any matter that takes place wholly or partly outside Hong Kong. [END]
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1/ Article 31 of the Basic Law states, inter alia, that “Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special authorization.” ...
2/ It is possible for the new section 6A to result in a “special authorization” process to restrict Hong Kong residents from leaving Hong Kong. ...
3/ In the event that this happens, a challenge brought to Court by way of constitutional review would likely fail, since the Hong Kong courts are reluctant to intervene in matters concerning immigration policies and decisions. ...