The Immigration Department (ImmD) announced that the Advance Passenger Information (API) System was implemented today (September 3).
To meet the aviation security requirements of the Convention on International Civil Aviation and to align Hong Kong with other aviation hubs worldwide, as well as to enable the ImmD to further enhance its passenger clearance and enforcement capabilities to prevent undesirables, including potential non-refoulement claimants, from boarding flights heading to Hong Kong, the ImmD implemented the API System today, requiring aircraft operators to comply with the Immigration (Advance Passenger Information) Regulation (Cap. 115Q) by transmitting advance information to the ImmD about flights and passengers heading to Hong Kong.
An ImmD spokesman said, “During check-in for a flight heading to Hong Kong, the aircraft operator will capture the required API data from a traveler’s travel document and transmit the API data of each traveler and the aircraft information to the API System, which will instantly process the information and provide a response message, i.e. a board or no-board direction, for each traveler back to the aircraft operator. The aircraft operator shall act upon the direction given through the API System, i.e. to allow or not allow specific travelers to board the aircraft heading to Hong Kong.”
To allow sufficient time for over 100 aircraft operators to connect to the API system and to ensure the system will run in a smooth and orderly manner, the rollout will be carried out in phases. A transitional period of around 12 months will also be adopted. The offences and defenses, and the miscellaneous provisions under Parts 4 and 5 of the Regulation will come into effect after the transitional period, starting from September 1, 2025.
The spokesman emphasized, “The freedom to travel and the right of Hong Kong residents to enter or leave Hong Kong 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. The API system will not issue a no-board direction against Hong Kong permanent residents who enjoy the right of abode in Hong Kong.
Prism Consultancy, with its extensive experience as a Hong Kong visa agent and immigration consultant, can assist individuals navigating the newly implemented Advance Passenger Information (API) System by helping them ensure that their travel documents and visa applications are properly processed in light of the new regulations. Here’s how Prism can help:
1. Visa and Immigration Support
• Ensuring Compliance: As the Immigration Department (ImmD) now requires accurate and timely transmission of passenger information before boarding, Prism can help visa applicants ensure that all their paperwork is in order. This includes obtaining the correct visa for entry to Hong Kong, ensuring that the API system’s data transmission is processed correctly by airlines, and guiding clients on the impact of the new regulations on their travel.
• Special Cases: For foreign nationals with specific immigration status (such as those with non-refoulement claims or other legal complexities), Prism can offer tailored advice to prevent travel disruptions and help address any concerns that might arise under the new system.
2. Company Incorporation and Immigration Strategy
• Entrepreneurs and Investors: For foreigners planning to start businesses in Hong Kong, Prism can advise on the appropriate company structure and help with the incorporation process. They can also provide strategic immigration advice for individuals seeking to establish long-term residency or work permits.
• Employment and Work Visas: As the API system will be used to verify passengers before they board, Prism’s consultancy can ensure that all work visa holders have the necessary approvals in place to avoid travel issues, especially when flying into Hong Kong for business purposes.
3. Ongoing Consultation Regarding the API System
• Advising on Transitional Period: With the implementation of the API system coming in phases and the transitional period lasting until September 2025, Prism can guide clients through the changing rules, ensuring they stay updated on how the system works, the timelines, and how it affects their travel and business operations.
• Future Legal Compliance: As the full enforcement of the API regulation comes into effect in September 2025, Prism can help clients understand any new legal obligations and assist them in complying with all relevant immigration and security requirements.
4. General Immigration Advice for Foreigners
• Travel Arrangements and Permissions: The API system ensures that only eligible individuals can board flights heading to Hong Kong. Prism’s consultants can assist foreigners with travel planning, ensuring they meet all requirements and avoid any complications related to boarding flights.
• Clarification for Non-Residents: Since the API system won’t restrict Hong Kong permanent residents from boarding flights, Prism can clarify this point to non-residents and ensure they understand the specifics of the law as it applies to their immigration status.
In short, Prism Consultancy can help individuals and businesses affected by the new API system by ensuring that their visas, travel documents, and company incorporation processes align with the latest regulations, making the transition to the new system smooth and hassle-free.
