London Daily

Focus on the big picture.
Friday, May 30, 2025

Hong Kong ‘retaining its degree of autonomy’ in handling national security cases

Hong Kong ‘retaining its degree of autonomy’ in handling national security cases

City has not seen central government invoking its right to become involved in special instances, law professor tells forum.

Beijing’s restraint over intervening in the prosecution of national security cases in Hong Kong is proof the city’s high degree of autonomy has not been undermined by the new law, a legal heavyweight has told a forum.

Another expert said at the same event that the crossfire between China and Britain over granting citizenship to the city’s residents who held BN(O) passports in the wake of the legislation was “carefully calibrated at both ends”.

The Beijing-mandated law contains a provision allowing mainland China to exercise jurisdiction over cases in Hong Kong that involve “complicated situations” relating to foreign interference, serious threat to national security or when the local government cannot effectively enforce the law.


Only regular intervention by Beijing in national security cases would mean Hong Kong’s degree of autonomy was being undermined, says Albert Chen.


Nearly four months since its enactment, 26 Hong Kong residents, including media mogul Jimmy Lai Chee-ying and activist Agnes Chow Ting, have been arrested – all by local police.

The absence of Beijing’s involvement in cases showed that accusations the city’s degree of independence was eroding were baseless, said University of Hong Kong law Professor Albert Chen Hung-yee.

“Only if [the provision] is frequently used every month and every week, then of course it could be considered an infringement of Hong Kong’s autonomy,” he told a virtual seminar hosted by the university on Saturday.

The law, banning acts of secession, subversion of state power, terrorism and foreign interference, triggered a backlash by the international community, with Western nations such as the United States, Britain and Canada suspending their extradition treaties with Hong Kong.


Britain, which handed Hong Kong back to China in 1997, also opened a new path to citizenship for residents with British National (Overseas) passports.

Under a new visa class, holders will be eligible to remain in Britain for an initial period of 30 months, extendable by a further 30 months, or a single period of five years, with applications being accepted from January 31. Holders can apply to settle in Britain once they have lived there for five years.

The Chinese foreign ministry said on Friday Beijing might refuse to recognise BN(O) passports. Spokesman Zhao Lijian accused Britain of “violating its promises” and “playing up” the issue.

Professor John Anthony Carty, who taught law at HKU before moving to the Beijing Institute of Technology, said the war of words between the two countries reflected an absence of mutual trust and respect.

“The solution is not some kind of acrimonious arbitration,” he said. “It’s an appeal for self-reflection and self-criticism in this very intense conflict.”

Lim Chin-leng, a law professor at Chinese University, believed each country’s countermeasures were “carefully calibrated at both ends”.

“I don‘t see any escalation,” Lim said. “I see a situation which is being managed quite carefully,”

Meanwhile, activists from more than 30 countries launched a campaign at the weekend to renew a demand for the release of 12 Hong Kong fugitives captured by the Chinese coastguard while fleeing to Taiwan in late August.

As part of the pressure tactics, a letter was sent to US Secretary of State Michael Pompeo requesting sanctions against Chinese officials in Shenzhen, where the dozen are being held.


The letter described the Communist Party as “barbaric” and said the relevant mainland officials should be held accountable for the “cruel detention” of the dozen. Among the signatories were Simon Cheng Man-kit, a former employee of the British consulate in Hong Kong who was detained by Chinese authorities last year, and Honcques Laus, an exiled dissident who was a member of Studentlocalism, which disbanded hours before the security law was introduced.

The dozen are wanted in Hong Kong for crimes stemming from anti-government protests, while one, Andy Li, was arrested for alleged collusion with foreign forces and money laundering. Mainland authorities have charged 10 with illegally crossing the border, and two with organising the crossing.

In Hong Kong, a group called Student Politicism set up a booth in Tsuen Wan to garner support for the dozen. Police officers ticketed 13 individuals, aged from 15 to 62, for violating a social-distancing rule limiting public gatherings to a maximum of four people during the coronavirus pandemic.

Newsletter

Related Articles

0:00
0:00
Close
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Trump Threatens 25% Tariff on iPhones Amid Dispute with Apple CEO
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
Liverpool Car Ramming Incident Leaves Multiple Injured
Australia Faces Immigration Debate Following Labor Party Victory
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Macron Dismisses Viral Video of Wife's Gesture as Playful Banter
Cleveland Clinic Study Questions Effectiveness of Recent Flu Vaccine
Netanyahu Accuses Starmer of Siding with Hamas
Junior Doctors Threaten Strike Over 4% Pay Offer
Labour MPs Urge Chancellor to Tax Wealthy Over Cutting Welfare
Publication of UK Child Poverty Strategy Delayed Until Autumn
France Detains UK Fishing Vessel Amid Post-Brexit Tensions
Calls Grow to Resume Syrian Asylum Claims in UK
Nigel Farage Pledges to Reinstate Winter Fuel Payments
Boris and Carrie Johnson Welcome Daughter Poppy
×