Western countries have decried the national security arrest warrants issued for eight overseas Hong Kong activists, as Chief Executive John Lee and pro-establishment parties voiced support for the police’s move.
The comments came after the police said eight activists now based in the UK, US and Australia were suspected of breaching the national security law. Warrants were issued for ex-lawmakers Ted Hui and Dennis Kwok; activists Nathan Law, Anna Kwok, Elmer Yuen, Christopher Mung, and Finn Lau; and solicitor Kevin Yam.
They are wanted for subversion, collusion with foreign forces, incitement to secession, and incitement to subversion. Police also issued a HK$1 million bounty for each of the self-exiled activists.
Condemnation from UK, US, Australia
British foreign minister James Cleverly said the UK government “will not tolerate any attempts by China to intimidate and silence individuals in the UK and overseas,” and “strongly [objected]” to the national security law.
In a statement on Monday, the US State Department condemned the bounties, calling the extraterritorial application of the national security law a “dangerous precedent” for human rights and fundamental freedoms.
The Australian Minister for Foreign Affairs Penny Wong said in a statement the Australian government was “deeply disappointed” by reports of arrest warrants for democracy advocates, and that it had “consistently expressed concerns about the broad application” of the national security law.
“[Australia] will continue to speak out on issues that matter to Australians, including human rights,” the statement read.
The IPAC, an international cross-party group which consists of representatives from the UK, US and Australia, said in a statement said it “repudiates accusations” made under the national security law and called on governments to protect targets of unlawful persecution.
It also made further calls for Interpol to uphold its constitution and bar the issuance of Red Notices – requests worldwide to arrest a person pending extradition – for political persecution.
The International Criminal Police Organization (Interpol) told HKFP on Tuesday that no requests for a Red Notice or Wanted Persons Diffusion for the eight activists had been received.
The global policing group also said that it is strictly forbidden from undertaking any intervention or activities of a political, military, religious or racial character, and its activities should be conducted in the spirit of the Universal Declaration of Human Rights: “Interpol does not issue arrest warrants nor can it compel any of its 195 member countries to arrest or extradite an individual, ” a spokesperson said. They added that “a member country can request Interpol to issue a Red Notice for an individual who is subject of a valid national arrest warrant.” However, a Red Notice is not an international warrant.
In response to the Western nations’ comments, the city’s Security Bureau said on Tuesday that “certain countries” were “wantonly making unsubstantiated accusations against lawful actions of the National Security Department.”
The bureau also said extraterritoriality was a “common feature” of national security laws in many countries. “Extraterritorial application vested in the Hong Kong National Security Law (NSL) is in line with the well-recognised international law principle of ‘protective jurisdiction’ and international practice,” it added.
China’s top legislative body passed a national security law in Hong Kong in June 2020 after months of protests and unrests against a controversial extradition law. It criminalised subversion, secession, collusion with foreign forces and terrorist acts, which were broadly defined to include disruption to transport and other infrastructure.
The activists themselves have also condemned the arrest warrants. Meanwhile, pro-establishment voices, including lawmakers and the city’s leader, have expressed support for the police’s move.
Nathan Law
Law, who obtained refugee status in the UK two years ago, called the national security charges “classic examples of abusing the concept of ‘national security’, pushing its definition to an extreme to suppress dissident voices.” He added in a social media post that he was not employed by any government agencies, and did not accept commands or orders.
Finn Lau
Lau condemned the arrest warrants, saying the warrants meant the risk of attacks from “Chinese nationalists and Communist Party lackeys will increase dramatically.”
Christopher Mung
Labour rights activist Mung, also based in the UK, said the national security law “violated fundamental human rights” and that he would continue to speak up for workers in Hong Kong.
Kevin Yam
Yam, now based in Melbourne, said he was an “actual Australian citizen exercising my free speech right in Australia.”
Anna Kwok
Kwok said in a statement that the Hong Kong government was “absurdly overreaching” by issuing bounties on herself and the seven other activists. She added that the extraterritorial application of the national security law required international cooperation from Interpol member countries.
“I urge the countries in which the eight activists targeted today reside, as well as all Interpol member countries, to protect people subject to transnational repression such as this,” the statement read.
John Lee
Lee said on Tuesday morning that the warrants were an “effective and just way of safeguarding national security and upholding the national security law.” He encouraged members of the public, including the suspects’ relatives and friends, to provide information to the police.
He added that the court would consider the suspects’ surrender as a mitigating factor, and that they would “continue to live in fear” so long as they remain at large.
Ronny Tong
Meanwhile, senior counsel and Executive Council member Ronny Tong told local media that Hong Kong’s mutual legal assistance agreements with other jurisdictions were only applicable for the exchange of information on criminal cases, while any transfer of fugitives would have to comply with the city’s policies on extradition as agreed with other countries.
Such agreements are based on the UN Model Treaty on Extradition which stipulates that political prisoners cannot be extradited, he said. The US, UK, and Australia were among the countries that suspended their extradition treaties with Hong Kong following the passing of the national security law in 2020.
Speaking on a Commercial Radio program on Tuesday, Tong said informing police of the whereabouts of the wanted activists would be a voluntary act, not a legal responsibility. He also said the media would not run into issues if they conducted interviews “normally,” as long as they did not use the press as a platform to advocate the activists’ political stances.
Eunice Yung
Lawmaker Eunice Yung, who is the daughter-in-law of Elmer Yuen, took out a newspaper advertisement last August to announce that she was severing ties with the activist.
Speaking on a Commercial Radio program on Tuesday, Yung urged Yuen to surrender, and said she was “protecting her family” by cutting Yuen off. She added that she was worried for her husband Derek Yuen, whom she said had received calls about his father’s arrest warrant.
Democratic Alliance for the Betterment and Progress of Hong Kong
In a statement on Monday, the DAB said it fully supported the government and the National Security Department in strictly enforcing the law. “What [the suspects] have done poses a serious national security risk to the country and Hong Kong, and must be dealt with strictly in accordance with the law,” the statement read.
Chinese embassy in UK
The Chinese embassy in the UK said in a statement: “British politicians openly sheltering wanted criminals is a gross interference in the rule of law in Hong Kong and China’s internal affairs, and China expresses strong dissatisfaction and resolute opposition.”
Last month, the UK government ordered China to shut unofficial police stations operating on British soil, the existence of which has been denied by Beijing. A British police investigation found that such stations were officially set up to provide administrative services but were also used “to monitor and harass diaspora communities and, in some cases, to coerce people to return to China outside of legitimate channels.”
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