Officials in Hong Kong will soon be able to block people from entering or leaving the territory, raising concerns over the possibility of mainland Chinese-style “exit bans” being used to prevent activists and former lawmakers from leaving.
Authorities in mainland China routinely impose similar travel bans on dissidents and foreign citizens, including those facing civil cases, essentially trapping them in the country while a case winds its way through the Chinese court system.
The United States government has previously denounced such bans as “coercive,” saying they are used “to compel US citizens to participate in Chinese government investigations, to lure individuals back to China from abroad, and to aid Chinese authorities in resolving civil disputes in favor of Chinese parties.”
In response to a CNN story earlier this year about potential risks for foreigners traveling to China, the country’s foreign ministry said this was “completely inconsistent with the facts.”
“China has always protected the safety and legitimate rights and interests of foreigners in China in accordance with the law,” the ministry said.
Under the new Hong Kong regulations, which come into force on August 1, the city’s immigration director will gain new powers to stop people entering or leaving the city, without a court order, including banning airlines from carrying certain passengers.
Despite widespread opposition to the law from legal and human rights groups, the bill passed easily due to the current makeup of the legislature. There are currently only two sitting opposition lawmakers, after the majority of pro-democracy members resigned in protest last year at the expulsion of several of their colleagues.
In a submission regarding the legislation, the Hong Kong Bar Association had criticized the “extraordinary” and “apparently unfettered power” given the immigration director — an unelected official — under the new regulations, warning that the changes could breach Hong Kong’s de facto constitution, Basic Law, as well as the International Covenant on Civil and Political Rights, to which the city is a signatory.
Speaking Wednesday, John Lee, Hong Kong’s security secretary, dismissed such concerns, criticizing the “deliberate distortion” of the legislation and the “emotionally inflammatory language” around it. Lee denied that the new law could affect the freedom of movement of Hong Kong residents.