Travelers wearing face masks walk in the arrival hall at Hong Kong International Airport, Jan 23, 2020. (VIVEK PRAKASH / AFP)

HONG KONG – The Hong Kong Special Administrative Region (HKSAR)’s government said it strongly deplored the misrepresentation made by the Canadian government concerning the amendments to the immigration law which took effect on Aug 1.

A spokesman for the Security Bureau made the statement on Thursday after the Canadian government, in the update of its travel advisories for Hong Kong, made accusations that provisions in the Immigration (Amendment) Ordinance 2021 are vaguely defined and might restrict individuals from leaving Hong Kong.

In the statement, the spokesman said the legal amendment, which empowers the Secretary for Security to make regulations in relation to the provision of passenger information by carriers, is to fulfill the HKSAR’s obligation under the Convention on International Civil Aviation to implement the Advance Passenger Information (API) system.

The spokesman said that the Canadian government disregarded the detailed explanation by the HKSAR government on the API system in the past, and deliberately misrepresented the legislation's background and purpose, making false and misleading statements

“According to the convention, all its members should put in place the API system with legal backing. Based on the relevant requirements, airlines need to provide passenger and crew member information to the Immigration Department before flight departure to Hong Kong,” the spokesman said.

It will only apply to flights heading to Hong Kong, the spokesman stressed, adding that Hong Kong residents’ freedom to travel and right to enter or leave the city are guaranteed under Article 31 of the Basic Law.

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“Time and again it (the HKSAR government) has explained clearly to the public, and written to foreign consulates in Hong Kong that the system is intended to require the provision of passenger information on flights heading to Hong Kong, not the flights departing the city.”

So far over 90 countries have the API system in place, including Canada, the European Union member states, the US and Australia, according to the statement.

The spokesman said that the Canadian government disregarded the detailed explanation by the HKSAR government on the API system in the past, and deliberately misrepresented the legislation's background and purpose, making false and misleading statements.

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“The bureau expressed strong dissatisfaction and called on the Canadian government to modify its stance,” the spokesman said.