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Immigration (Advance Passenger Information) Regulation

Explanatory Note
L.N. 39 of 2023
Paragraph 6
B495

Part 2—Advance Passenger Information and Boarding Directions

6. Section 5 imposes an obligation on the operator of an aircraft to supply the API data relating to all the travellers of the aircraft and the related aircraft information to the Director through a designated system no later than the time specified in section 7.

7. Section 6 requires the Director to issue a board direction or no-board direction as soon as possible after receiving the API data and aircraft information. The section also imposes an obligation on the operator of an aircraft not to allow a traveller to board the aircraft unless a board direction has been issued in relation to the traveller.

8. Section 7 specifies the time for supplying the API data and aircraft information etc. to the Director under section 5.

Part 3—Designation of Systems and Refusal of Entry

9. Section 8 empowers the Director to designate systems or means for transmitting and collecting the data and information under section 5 and for issuing the Director’s directions under section 6.

10. Section 9 makes it clear that a Director’s board direction does not validate an invalid specified travel document of a traveller.

11. Section 10 makes it clear that a board direction issued 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.