National security law: double criminality should apply, China law expert says

The principle is not specified in the new legislation but it does exist in mainland Chinese law, professor says

Mainland procedural restrictions such as limits on access to lawyers would be in effect in cases deemed too complex for Hong Kong to handle, expert says

Reading Time:2 minutes

The principle of double criminality applies, even though it is not spelled out in the national security law, Chinese law expert says. Photo: Felix Wong

Published: 12:00pm, 17 Jul 2020Updated: 11:21pm, 17 Jul 2020

Hong Kong’s new national security law does not spell out the principle of double criminality but the concept should still apply because it is enshrined in other Chinese legislation, according to a mainland legal scholar and adviser to the central government.

“Judging from its text, the national security law in Hong Kong does have a broader jurisdiction compared with China’s Criminal Law,” said Shi Yanan, a criminal law expert at Renmin University in Beijing. “But the principle of double criminality is enshrined [in China’s Criminal Law].”

Double criminality is the principle that a suspect can only be extradited from one jurisdiction to another if the person is suspected of an action that is a crime in both jurisdictions.

Article 38 of the new Hong Kong law says the legislation applies to offences against the Hong Kong Special Administrative Region from outside the region regardless of the persons’ nationality.

Critics say the legislation’s definition of offences is vague and covers actions that might be protected in other countries under the principle of freedom of speech.

Select Voice

Choose your listening speed

Get through articles 2x faster

1.25x

250 WPM

Slow

Average

Fast

00:0000:00

1.25x