Immigration (Advance Passenger Information) Regulation
Explanatory Note
The International Civil Aviation Organization adopted amendments to Annex 9 (Facilitation) to the Convention on International Civil Aviation on 16 June 2017 and the amendments apply to Hong Kong from 23 February 2018. The amendments introduced, amongst others, a new requirement for Contracting States to establish the Advance Passenger Information (API) system. The API system refers to an electronic communications system whereby certain travellers’ data and information are collected and transmitted to the border control agency prior to or after flight departure.
2. This Regulation provides for the legal framework for the implementation of the API system in Hong Kong. The Regulation contains 5 Parts.
Part 1—Preliminary
3. Section 1 provides for the commencement of the Regulation, and section 2 sets out the definitions used in the Regulation.
4. Section 3 provides that the Regulation applies to a civil aircraft that carries travellers who are to land in Hong Kong from a place outside Hong Kong or transit through Hong Kong and land in a place outside Hong Kong.
5. Section 4 provides for the power of the Director as defined by section 2(1) of the Immigration Ordinance (Cap. 115) (Director) to exempt an operator of an aircraft from any of the requirements of the Regulation in respect of the aircraft or a traveller of the aircraft.
