The Legislative Council will begin detailed scrutiny next week of draft amendments to the Immigration Ordinance that would empower the Director of Immigration to issue an immediate ‘no-depart’ notice to any individual – resident or visitor – whom the authorities deem a potential threat to “national interests or public security”. In a strongly-worded submission released on 11 April 2026, the Hong Kong Bar Association (HKBA) said the proposal gives the Immigration Department “apparently unfettered power” to stop people at airline check-in counters, ferry piers or the high-speed-rail terminus without a court order or right of appeal. The professional body argues that such a sweeping authority is unprecedented in common-law jurisdictions and risks breaching the Basic Law’s guarantees of freedom of movement. Business-mobility specialists are concerned the measure could create significant uncertainty for multinational employers and the city’s 360,000 expatriate workers. At present, exit restrictions are imposed only by court order (for example when an individual is out on bail or subject to bankruptcy proceedings). Immigration lawyers warn that companies may need to review assignment contracts, secondment letters and insurance coverage to reflect the added risk of senior staff being prevented from departing Hong Kong at short notice.
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The government insists the power is necessary to “combat transnational crime and safeguard national security”, pointing to similar exit-control mechanisms on the Chinese mainland. It has promised to publish an administrative code of practice, but has not committed to any judicial oversight. Several chambers of commerce are preparing joint representations urging the administration to adopt a court-supervised warrant system instead. If enacted as drafted, the bill would place Hong Kong among a small group of jurisdictions – including Russia and Iran – that allow immigration officials to impose exit bans administratively. Mobility advisers say the development could weigh on the city’s efforts to reposition itself as a safe, predictable hub for regional headquarters and high-value talent.
