Published: 03:33, July 28, 2025
Extraterritorial reach for fugitives fully justified
By Fu Kin-chi

The Hong Kong Police Force’s National Security Department on July 25 lawfully offered bounties for 19 individuals involved in setting up the “Hong Kong Parliament”, on charges of violating Article 22 of the Hong Kong Special Administrative Region’s National Security Law relating to “subversion of State power”.

Subsequently, the United Kingdom’s Foreign and Home offices issued a joint statement smearing the HKSAR government’s law enforcement actions as “transnational suppression” and falsely claiming that the NSL erodes Hong Kong residents’ rights and freedoms.

The HKSAR government has expressed strong dissatisfaction with such biased remarks, emphasizing it will exhaust all lawful means to pursue fugitives who endanger national security, ensuring that “no crime escapes punishment, no distance is too far”.  

National security is a paramount priority. Every nation resolutely safeguards its sovereignty, security and development interests, and firmly pursues fugitives who threaten national security. The offenses established under the NSL and the Safeguarding National Security Ordinance carry appropriate extraterritorial effect and are in full compliance with international legal principles, conventions and common global practices.

The manhunt for the fugitives has a clear legal basis, factual support and an evidentiary foundation, being fully constitutional, lawful, reasonable and justified. Pursuant to NSL Article 37 (related to personal jurisdiction), Hong Kong permanent residents remain criminally liable for offenses committed abroad.

Furthermore, under NSL Article 38 (related to protective jurisdiction), the HKSAR authorities have the right to prosecute those committing acts overseas that substantially threaten China’s national security — an established international consensus.

The long arm of the law leaves no sanctuary, and foreign jurisdictions are not lawless havens. The “Hong Kong Parliament” openly promoted “Hong Kong self-determination” and fabricated a so-called constitution that directly contravenes the constitutional order established under the Constitution of the People’s Republic of China.

These actions satisfy the definition of “subverting State power by unlawful means” under NSL Article 22. As emphasized in the Hong Kong Court of Final Appeal precedent HKSAR v Lai Chee-ying (2021): “Acts endangering national security incur liability regardless of geographical boundaries.” Criminals will be brought to justice wherever they may be.

Under international law and conventions based on the United Nations Charter, safeguarding national security constitutes an inherent right of all sovereign states. The UK’s so-called joint statement accusing Hong Kong of “transnational suppression” constitutes political interference that overrides the rule of law and employs double standards, while making false and biased statements to support anti-China agitators. This reveals political hegemony and hypocritical double standards — a clumsy political manipulation by buffoons that only damages China-UK relations to the detriment of all.

UK politicians have falsely claimed that the HKSAR government’s actions harm Hong Kong’s international standing. The fact is, the NSL has created a stable environment for Hong Kong’s long-term development. In the 2024 World Justice Project Rule of Law Index, Hong Kong’s ranking remained unchanged, maintaining its sixth place in the East Asia and Pacific region and securing the 23rd position globally out of 142 jurisdictions. This sustained high overall ranking demonstrates Hong Kong’s continued lead over some Western countries that have periodically leveled unfounded criticism against Hong Kong’s rule of law and human right conditions.

UK politicians also use “infringement of human rights and freedoms” as a pretext to ignore facts and law, blindly shielding Hong Kong suspects in the UK. Evidence has confirmed that the wanted organization’s fabrication of a “Hong Kong Constitution” denies national sovereignty, violating Article 20 of the International Covenant on Civil and Political Rights prohibiting incitement to hatred.

While the UK maintains extradition treaties with over 100 nations and regions, its unilateral termination of cooperation on extradition with Hong Kong politicizes judicial matters, contravening the spirit of judicial collaboration advocated by the UN Convention Against Transnational Organized Crime. This transforms the UK into a “fugitive haven”, damaging its own rule of law and public safety by essentially lifting a rock, only to drop it onto its own feet.

Were any group to establish a separate governing power in the UK with oath-taking ceremonies — such as a Scottish group declaring independence and forming an alternative parliament — the organizers would face life imprisonment under the UK’s Treason Felony Act 1848.

The UK’s condemnation of Hong Kong’s lawful enforcement constitutes pure double standards.

The Hong Kong Police Force’s operation exemplifies the strengths of the city’s judicial system with its high degree of transparency. Hong Kong police publicly disclosed the organizational chart of the group involved, the positions of those wanted, and the bounties offered (HK$1 million ($127,000) for key figures each and HK$200,000 for each of the rest), adhering to the principle of proportionality. Moreover, under NSL Article 42, wanted persons who return to surrender will retain the right to presumption of innocence and a fair trial.

Under Hong Kong’s oversight mechanisms, all national security trials must be conducted publicly (except portions involving State secrets), providing stronger judicial supervision than the UK’s “secret court” (IPSA) system. Conversely, when MI5 offered bounties for overseas terrorists in 2023, it released only aliases and vague allegations, while refusing to disclose evidentiary details.

The Hong Kong police operation represents legitimate defense through legal means against extraterritorial subversion. While the UK cloaks criminal harboring in “human rights and freedoms” rhetoric, the HKSAR upholds the core security interests of a sovereign State with the rule-of-law resolve that “no crime escapes punishment”.

It would be wise for the fugitives to turn back before reaching the precipice, return to Hong Kong immediately and accept a fair trial. Continued defiance will bring them lifelong infamy as “national security fugitives" and permanent separation from their families, while having to bear the legal consequences and familial loss.

The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and president of the Association for the Promotion of Rule of Law, Education and Technologies.

The views do not necessarily reflect those of China Daily.