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Oh my god am I reading this right???
Article 38: The law applies to persons who do NOT have permanent resident status in HK and commit crimes under this law OUTSIDE Hong Kong.
Did Beijing just grant itself sweeping extraterritoriality to...everyone on the planet?
Article 38: The law applies to persons who do NOT have permanent resident status in HK and commit crimes under this law OUTSIDE Hong Kong.
Did Beijing just grant itself sweeping extraterritoriality to...everyone on the planet?
Here's the original Chinese:
第三十八條 不具有香港特別行政區永久性居民身份的人在 香港特別行政區以外針對香港特別行政區實施本法規定的犯罪的， 適用本法。
第三十八條 不具有香港特別行政區永久性居民身份的人在 香港特別行政區以外針對香港特別行政區實施本法規定的犯罪的， 適用本法。
I'm going to be on the phone soon with some lawyers who can help explain this to me, but in the meantime, here's what I think this could mean.
1) This is likely targeted at former HK residents who now have foreign citizenship. They want to shut down organizing in HK diaspora.
1) This is likely targeted at former HK residents who now have foreign citizenship. They want to shut down organizing in HK diaspora.
2) I previously reported on a Chinese student in the US, who tweeted a criticism of Xi Jinping while in the US, who was then arrested when he returned home and served a 6 month jail sentence.
This new provision could, perhaps, be implemented in that way. https://www.axios.com/china-arrests-university-minnesota-twitter-e495cf47-d895-4014-9ac8-8dc76aa6004d.html
This new provision could, perhaps, be implemented in that way. https://www.axios.com/china-arrests-university-minnesota-twitter-e495cf47-d895-4014-9ac8-8dc76aa6004d.html
In other words, this provision could force people to choose between activism outside of Hong Kong, and ever returning to Hong Kong (or China) again.
3) China has at times used Interpol red notices to go after people it deems "terrorists." Beijing has also used extradition requests to go after targets.
We could potentially see these uses of this provision.
But all very, very hard to say at this point.
We could potentially see these uses of this provision.
But all very, very hard to say at this point.
And 4) Although this is likely targeted at people of Chinese heritage—a theme we have long seen in China's extraterritoriality—the case of the Canadian political hostages Michael Kovrig and Michael Spavor indicate Beijing's growing willingness to apply to non-Chinese.
HK students abroad have already been acting like this provision existed. Example: At a British uni, HK students proposed a resolution supporting pro-democracy movement.
One HK student hid her face during a campus debate posted to YouTube. https://www.axios.com/hong-kong-british-university-chinese-student-opposition-72ad086b-ee61-4dda-9a46-529dc48c258b.html
One HK student hid her face during a campus debate posted to YouTube. https://www.axios.com/hong-kong-british-university-chinese-student-opposition-72ad086b-ee61-4dda-9a46-529dc48c258b.html
But if my analysis of this provision is correct, this is truly stunning. Even mainland China's de factor application of their laws to Chinese nationals and ethnic Chinese abroad isn't LITERALLY CODIFIED INTO WRITTEN LAW. Not like this.
