Government officials would have to formally revoke the work permit of scholar Li Shaomin, convicted by Beijing of spying for Taiwan, to bar him from returning to Hong Kong - but had no legal basis to do so, pro-democracy lawyers said yesterday. Dr Li told the Sunday Morning Post he intended to return to Hong Kong this week to resume his job at City University. Barrister Paul Harris, a spokesman for Human Rights Monitor and often involved in immigration cases, said Dr Li had a legal entitlement to enter the SAR because he had a valid work permit stamped in his US passport. 'The Immigration Director can revoke permission to remain here but does he have any legal ground to do so in this case? The Human Rights Monitor would say no,' Mr Harris said. Dr Li could argue he had legal permission to remain in the SAR until next year and was entitled to return unless that permission was formally revoked or expired. 'Dr Li lives here, he hasn't committed an offence under Hong Kong law and it is doubtful [whether] what is an offence in the mainland would stand up under Hong Kong law,' Mr Harris said. The situation was not comparable to the SAR wanting to protect itself from criminals who committed acts liable for prosecution under Hong Kong law, he said. 'It's a trumped-up political trial. There are many people in Hong Kong who say and do things that in the mainland would be considered criminal but which are considered normal in Hong Kong.' Democratic Party chairman and barrister Martin Lee Chu-ming said the Director of Immigration had 'wide and, some say, unfettered' discretionary powers over those who are not permanent residents. But he added: 'Legally there is nothing to stop him from coming back because he has not committed a criminal offence. Even if it goes to court I doubt [the Government] would give their reasons for refusal but everyone will assume it's because of this situation.' Independent legislator Margaret Ng Ngoi-yee agreed there was no legal barrier to Dr Li's return. 'There are many good reasons for the director to allow him to come back, not least of which he's got a valid permit.' James To Kun-sun of the Democrats said the Government and City University had been trying to stay away from the controversy by passing the problem to each other. 'I don't think the Government would dare to make a decision on its own. On this point, I don't think 'one country, two systems' stands,' he said. He said the Government would not want to upset Beijing and would be likely to bar Dr Li from returning if it were to decide on its own. 'I think the chance for him being barred is higher than him being allowed in.' schwartz@scmp.com