Introduction
Aviation security has been a global issue of concern in the midst of growing threat of terrorism and extremism in different parts of the world in the last two decades. In 2018, the International Civil Aviation Organization (“ICAO”) implemented a new requirement under the updated “Convention on International Civil Aviation” (“CICA”), requiring each Contracting State to establish the API system. The People’s Republic of China is one of the signatories to CICA, and the Convention is also applicable to the Hong Kong Special Administrative Region.
The API system is an electronic communications system whereby personal data of travellers (API data) are collected and transmitted by the airline concerned to the border control agency prior to/after departure of civil aircraft (including helicopters), so that the border control agency can immediately conduct a risk assessment of border security for issuing boarding directions in respect of the travellers. To enable Hong Kong as an international aviation hub to meet the requirements of the ICAO and having taken into account the fact that the Hong Kong International Airport is one of the world’s busiest international passenger and cargo airports, the Immigration Department (“ImmD”) implemented an interactive API system in Hong Kong on 3 September 2024. The API system is applicable to flights heading to Hong Kong from a place outside Hong Kong, and flights departing from Hong Kong are not affected.
The Secretary for Security has made the Immigration (Advance Passenger Information) Regulation, under section 6A of the Immigration Ordinance (Cap. 115), which seeks to provide legal backing for the implementation of the API system in Hong Kong. Please click here for the contents of the Regulation.
Frequently Asked Questions
Legal
The Regulation applies to a civil aircraft that carries a traveller who-
- is to land in Hong Kong from a place outside Hong Kong; or
- is to transit through Hong Kong and land in a place outside Hong Kong.
API data, in relation to a traveller, means-
- the following information set out in the traveller’s specified travel document-
- (i) the traveller’s family name and given name;
- (ii) the traveller’s date of birth;
- (iii) the traveller’s gender;
- (iv) the traveller’s nationality;
- (v) the type of the specified travel document;
- (vi) the number of that travel document;
- (vii) the expiry date of that travel document; and
- (viii) the issuing state, place and organization of that travel document; and
- the traveller’s status (whether the traveller is a passenger or a member of the crew of an aircraft and whether the traveller is in transit).
The operator of an aircraft is required to provide API data, aircraft information and other required information within the specified time frame and comply with the “board” or “no-board” direction issued by ImmD. For details, please refer to the relevant provisions as stipulated at the Immigration (Advance Passenger Information) Regulation.
The operator of an aircraft is required to provide the API data for flights heading to Hong Kong, and flights departing from Hong Kong are not affected. ImmD does not require the operator to provide API data in respect of flights departing from Hong Kong.
Section 10 of the Immigration (Advance Passenger Information) Regulation makes it clear that a “board” direction issued by the authority in relation to a traveller does not constitute a permission for the traveller to land or remain in Hong Kong and an immigration officer may refuse the traveller to land or remain in Hong Kong in accordance with the Immigration Ordinance.
Sections 12 to 14 of the Immigration (Advance Passenger Information) Regulation prescribe the offences and penalty for non-compliance with the requirement. To allow sufficient time for over 100 airlines to connect to the API system and to ensure the smooth and orderly running of the system, a transitional period of 12 months will be adopted when the system is rolled out in September 2024. The offences and defences, and the miscellaneous provisions will come into operation after the transitional period.
According to the Immigration (Advance Passenger Information) Regulation (Commencement) Notice, the Secretary for Security appointed-
- 1 September 2024 as the day on which the Regulation (except Parts 4 and 5) comes into operation; and
- 1 September 2025 as the day on which Parts 4 and 5 of the Regulation come into operation.
Operational
The operator of an aircraft must not allow a traveller (traveller refers to a passenger or a member of the crew) to board the aircraft unless a “board” direction has been issued by the Immigration Department in relation to the traveller.
The operator of an aircraft is required to provide the API data of the passengers and members of the crew for the sector from the last port of embarkation before arriving in Hong Kong.
The operator of an aircraft must, during the check-in process, provide the API data contained in the traveller’s specified travel document Note together with the aircraft information to ImmD to obtain a boarding direction for all travellers coming to Hong Kong (including Hong Kong residents), and only allow the traveller to board the aircraft when a “board” direction has been issued to the operator.
The freedom to travel and the right to enter or leave Hong Kong of Hong Kong residents are guaranteed under Article 31 of the Basic Law and Article 8 of the Hong Kong Bill of Rights as set out in the Hong Kong Bill of Rights Ordinance (Cap.383). Such freedom and right are not affected by the implementation of the API system. A “no-board” direction will not be issued against persons with the right of abode in Hong Kong.
Note:
According to the Immigration (Advance Passenger Information) Regulation, specified travel document means—
- a valid travel document;
- a Hong Kong Identity Card; or
- a Mainland Travel Permit for Hong Kong and Macao Residents.
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