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Following is a reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon Lee Wing-tat in the Legislative Council today (February 18):
Question:
I have learnt that in recent years, an increasing number of Hong Kong residents (including Legislative Council Members, District Council members as well as members of political parties and non-government organisations) have been refused entry into Macao on arrival without being informed of the specific reasons. There have been comments that the Macao authorities had refused the entry of these persons because of their political views, and this situation has aroused concern that Hong Kong residents' freedom of entry into and exit from Macao as well as their freedom of speech have been undermined. In this connection, will the Government inform this Council whether:
(a) it knows the aforesaid situation of Hong Kong residents being refused entry; if it does, whether it has examined if refusing such persons' entry was reasonable and had legal basis, and if it will undermine Hong Kong residents' freedom of entry into and exit from Macao as well as their freedom of speech; and
(b) it has taken up with the Macao authorities the matter of Hong Kong residents being refused entry; if it has, of the details; if not, the reasons for that?
Reply:
President,
(a) The Government of the Hong Kong Special Administrative Region (HKSARG) noted and is concerned that some individual Hong Kong residents, including Legislative Council Members and members of political parties, have recently been refused entry by the Macao authorities. The HKSARG has, through its Immigration Department, approached the Macao authorities for an understanding of the situation. According to the Macao authorities, the immigration authority there handled the cases in accordance with the regulations of the Internal Security Law of the Macao SAR. The authority made the relevant decisions, after taking into account the circumstances pertaining to the cases.
The Basic Law protects the fundamental rights and freedoms of Hong Kong residents, including the freedom of speech and the freedom to enter or leave Hong Kong. At the same time, the immigration authorities of other places have the power to decide the entry or otherwise of Hong Kong residents in accordance with their laws, in the light of the circumstances pertaining to each individual case. Such power is the foundation of effective immigration control for governments around the world. It does not contradict Hong Kong residents' freedom of speech as well as freedom to enter or leave Hong Kong under the Basic Law.
(b) The HKSARG implements effective immigration control in accordance with the laws. In parallel, we respect and will not inappropriately interfere with the immigration regime imposed by other places in accordance with their laws and policies. In line with this key principle, and where necessary, we will approach and discuss with the immigration authorities of other places with a view to seeking more travel convenience etc. for Hong Kong residents.
As I have just said, we, through the Immigration Department, have contacted the Macao authorities to express our concern about the recent cases of Hong Kong residents being refused entry into Macao. The Macao authorities stated that they had acted in accordance with the laws and made the decisions after taking into account the specific circumstances of the cases. Subject to any changes in the situation or other relevant factors, the Macao authorities would consider any future entry applications of the individual persons based on the specific circumstances at the material time.
Ends/Wednesday, February 18, 2009
Issued at HKT 16:46
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