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. ...
4/ In human rights challenges concerning immigration matters, the Hong Kong courts accord a wide margin of appreciation to the Government and will not intervene unless the matter is “manifestly without reasonable foundation”. [END]
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