New APIS Requirements for Hong Kong from September 1

The introduction of the Advance Passenger Information System (APIS) in Hong Kong marks a significant change for civil aviation operators flying to the region. Beginning on September 1, operators of civil aircraft carrying passengers, including those transiting through Hong Kong, are legally required to submit detailed APIS data to the Hong Kong Immigration Department prior to departure. This new system aims to enhance border security, improve immigration control processes, and streamline passenger data handling. Here’s what operators need to know to stay compliant with the new requirements.

What is APIS & Why is it Important?

Advance Passenger Information Systems (APIS) are used globally to collect detailed information about passengers and crew members before they arrive at a border checkpoint. Typically, APIS data includes the traveler’s full name, date of birth, gender, nationality, travel document details (passport number, country of issue, expiration date), and flight information. The primary purpose of APIS is to enable border control agencies to conduct risk assessments and identify potential security threats in advance of the aircraft’s arrival.

For Hong Kong, implementing APIS aims to align the Special Administrative Region’s security protocols with international standards, enhancing passenger safety and facilitating more efficient immigration processing. By receiving passenger information in advance, authorities can conduct background checks and issue instructions on whether each traveler should be allowed (“board direction”) or prohibited (“no-board direction”) from boarding the aircraft.

Detailed Requirements for APIS Compliance

From September 1, all aircraft operators flying into Hong Kong must ensure that they submit complete and accurate passenger and crew information through the APIS. This includes data for transit passengers, who might not be entering Hong Kong but are still considered under the regulation. The information must be submitted electronically to the Hong Kong Immigration Department well in advance of the aircraft’s departure. The critical data points required for APIS submission include:

• Full name: As shown in the travel document (passport).
• Gender: Specified as per the travel document.
• Date of birth: Essential for passenger identification.
• Nationality and citizenship: Necessary for background checks.
• Passport number: Includes issuing country and expiration date.
• Flight information: Such as aircraft registration and departure and arrival details.

In addition to passenger information, operators must also provide details about the aircraft itself, such as aircraft registration and type, scheduled arrival time, and route information. The aim is to ensure that all information is accurate and submitted on time to avoid delays or compliance issues.

Phased Implementation & Transitional Period

To facilitate a smooth transition to the new Advance Passenger Information System (APIS), the Hong Kong Immigration Department has established a 12-month transitional period starting September 1, 2024. During this phase, the rollout of APIS will be implemented in stages, providing operators with ample time to adjust their data submission processes and address any technical challenges. The implementation timeline specifies that the rollout for commercial aviation will begin on September 1, 2024, while business and general aviation operators must comply by April 2025, allowing for further adaptation to the new requirements.

Importantly, compliance enforcement will be lenient during this transitional period. Operators who fail to meet the legal requirements of the APIS regulations will not face penalties during this time. This approach aims to support the industry in achieving full compliance without causing disruptions to flight operations, enabling operators to gradually integrate the new system into their existing workflows.

Operational Impacts and Preparing for Compliance

For flight operators, the implementation of the Hong Kong APIS represents a shift in pre-flight operations. To comply with the requirements, operators will need to establish procedures to collect, verify, and transmit passenger data securely and accurately. This will likely involve integrating APIS submission into existing flight planning and passenger check-in processes.

To prepare for these changes, operators should consider the following steps:

• System Integration: Ensure that current flight management or passenger service systems can support APIS data submission. This may require working with third-party vendors or updating software to facilitate data transfer to the Immigration Department.

• Staff Training: Frontline staff involved in check-in, flight dispatch, and operations should be trained on the APIS requirements and the importance of accurate data collection.

• Data Verification Procedures: Establish protocols to verify passenger information during the booking and check-in process. Errors or discrepancies in the submitted data could result in boarding delays or no-board instructions.

• Coordination with Ground Handling Agents: If third-party ground handlers are responsible for handling passenger data, clear communication and coordination will be necessary to ensure timely submission.

Practical Implications: Example Scenarios

Below are example scenarios that illustrate potential situations operators may encounter during the implementation of APIS for flights to Hong Kong.

Scenario 1: No-Board Directive Issued

An operator submits APIS data for a flight scheduled to arrive in Hong Kong. Among the passengers, one individual has an issue with their travel documentation, and the Hong Kong Immigration Department issues a “no-board” directive for that passenger. The operator is responsible for ensuring that this passenger does not board the aircraft, potentially requiring rebooking or additional assistance.

Scenario 2: Technical Error During Data Submission

During the transitional period, an operator faces a technical error when submitting APIS data, resulting in incomplete information for some passengers. While penalties will not be enforced during this phase, the operator will still need to rectify the issue promptly and ensure that the correct data is submitted before departure.

Benefits of the APIS Implementation

While the new APIS requirements introduce additional steps in pre-flight procedures, they also offer advantages for both operators and passengers. These benefits include:

• Enhanced Security: By providing passenger data in advance, authorities can identify potential threats before they reach Hong Kong’s borders, leading to safer flights.
• Streamlined Immigration Processing: Passengers can experience shorter wait times at immigration, as border control officers will have already conducted preliminary checks based on APIS data.
• Reduced Operational Risks: The board/no-board directives issued by the Immigration Department can help airlines avoid scenarios where inadmissible passengers are returned to their origin, minimizing disruption and associated costs.

APIS Data Protection and Privacy Considerations

Given the sensitive nature of the information required by APIS, operators must also consider the implications for data protection and privacy. Personal data collected for APIS must be handled in compliance with Hong Kong’s Personal Data (Privacy) Ordinance (PDPO) and international data protection standards such as the EU’s General Data Protection Regulation (GDPR), where applicable. Operators should ensure that;

• Data Encryption: Information submitted through the APIS is encrypted to prevent unauthorized access.
• Access Control: Only authorized personnel have access to passenger data.
• Data Retention Policies: Data is stored securely and only retained for the period required by law.

The rollout of the Hong Kong APIS represents a significant regulatory change that civil aviation operators must prepare for. While the 12-month transitional period allows some flexibility in compliance, it is crucial for operators to take proactive steps to integrate APIS requirements into their operations. By understanding the data requirements, preparing staff, and ensuring system compatibility, operators can navigate this transition smoothly. Ultimately, compliance with APIS will not only be a legal obligation but also an opportunity to enhance operational efficiency and contribute to a safer aviation environment.

At Just Aviation, we are committed to providing comprehensive business flight support services tailored to the evolving regulatory landscape, including the new Advance Passenger Information System (APIS) requirements for Hong Kong. With the implementation set for September 1, our team ensures that operators seamlessly navigate APIS data submission, focusing on accurate passenger and crew information to enhance compliance and security. We assist in optimizing operational procedures, ensuring that all aircraft operators are well-prepared for this regulatory shift while minimizing disruptions to their flight operations.