Hong Kong national security law: legal experts see pitfalls ahead when it comes to exercising jurisdiction in foreign countries
- Academics discuss potential problems arising from security’s law scope including prosecuting foreigners for acts committed outside Hong Kong
- One accuses foreign governments of ‘premature overreaction’ by quickly suspending extradition deals with the city
But one expert also argued foreign governments had overreacted in swiftly suspending their extradition deals with the city amid fears over the far-reaching legislation.
Under Article 38 of the new law, which came into force on June 30, the mainland government is granted authority to prosecute non-residents for acts of secession, subversion, terrorism and collusion related to Hong Kong, even when committed in another country.
That extraterritorial reach opened the door to foreign nationals potentially being detained when arriving in – or even transferring through – the city, triggering the suspension of extradition agreements with Australia and Canada.
That was just one of the scenarios forum attendees suggested might prove problematic when it came to the law’s extraterritorial application.
“If a Canadian citizen advocates in Canada that Hong Kong should have the right of self-determination … and encourages [Hongkongers] to form a group to achieve that, he can be arrested in principle if he passes through Hong Kong,” said Peter Chau Siu-chun, assistant law professor of the University of Hong Kong (HKU), in reference to Article 20, which criminalises secession.
He said the new law could lay the groundwork for major controversies due to its wide scope and vaguely defined language.
