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Cliff Buddle

Foreigners living in Hong Kong as permanent residents might one day be forced to decide where they stand should a conflict occur between their country and China.

This is the opinion of Solicitor-General Robert Allcock, who gave a detailed analysis to the South China Morning Post  of controversial proposed legislation covering Article 23 of the Basic Law.

Those who choose to assist a war effort against China, even if they do so in their own country, could commit treason or secession offences envisaged under Article 23, Mr Allcock said.

'If you are faced with that dilemma, you have to make a choice. But the fact that you are in a quandary does not necessarily mean these proposals are unfair,' he said.

He compared the situation to Americans who were detained by the US for fighting with al-Qaeda in Afghanistan.

'You do have certain obligations as a national. And since we don't have Hong Kong nationals as such, permanent residents have obligations towards the nation,' said Mr Allcock.

Proposals released by the government last month state that permanent residents should be subject to treason, secession and subversion offences, even if these are committed abroad.

Mr Allcock suggested the proposed laws would apply to an outbreak of hostilities between China and Taiwan. 'If there were a civil war within China and a Hong Kong permanent resident was assisting the party that was fighting the central government, then there certainly could be a risk that they are committing an offence,' he said.

A similar point was made on Thursday by Secretary for Justice Elsie Leung Oi-sie, who said in a speech: 'If Taiwan declares independence or decides by referendum on independence, the PRC [People's Republic of China] will inevitably resort to resolving the Taiwan issue by force and any armed resistance from Taiwan will constitute secession.'

The proposed laws would not only apply to those who actually take up arms against China. Mr Allcock said it would be applied under lay definitions of inciting, aiding or abetting.

'If Britain was at war with China, [British permanent residents] would have to make a choice,' he said. 'You either remain neutral or if you play an active part in it you have to bear some consequences. If you decided you wanted to join the British army to fight against the Chinese army then you had probably best avoid coming back to Hong Kong.'

Barrister and legislator Margaret Ng Ngoi-yee said the proposed laws might make foreigners in Hong Kong think twice before applying for permanent residency.

'It does not apply only in times of war,' she said. 'If you are a non-Chinese national, what you do in your own country could make you liable for Article 23 crimes. It is a matter for embassies to take in.'



Expats may face Article 23 dilemma