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Members of the Federation of Trade Unions protest against the Hong Kong Sanctions Act outside the US consulate on Monday. Photo: Elson Li

Proposed US sanctions against Hong Kong officials may ‘force’ government to transfer national security cases to mainland China, say political veterans

  • Political veterans Tam Yiu-chung, Regina Ip and Lau Siu-kai say sanctions may trigger ‘fallback measures’ included in security law for cases to be tried over border
  • Bipartisan bill by US congressional members calls for sanctions against 49 Hong Kong officials, judges and prosecutors due to ‘political persecution’ of activists
Hong Kong political veterans have warned that US lawmakers’ proposed sanctions against city officials could prompt authorities to send national security defendants to mainland China for trial.

Tam Yiu-chung, the former sole Hong Kong member to the National People’s Congress (NPC) Standing Committee, the nation’s top legislative body, on Tuesday said the bill might “force” the government to transfer cases to the mainland. US congressional members have proposed sanctions against 49 city officials, judges and prosecutors.

Tam echoed warnings from Regina Ip Lau Suk-yee, convenor of the key decision-making Executive Council, and pro-Beijing heavyweight Lau Siu-kai that the move could trigger “fallback measures” under Article 55 of the Beijing-imposed national security law.

Tam Yiu-chung has echoed suggestions the sanctions could trigger “fallback measures” under Article 55 of the Beijing-imposed national security law. Photo: Elson LI

Tam said that unlike what the US thought, the sanctions would “do harm” to certain individuals and cases.

“Although the United States has not implemented the sanctions, it is necessary for the Hong Kong government to be prepared and remind the United States that such a situation may arise,” he said on a radio programme.

Ip on Monday led members of her New People’s Party to protest against the bipartisan bill.

Members of the Democratic Alliance for the Betterment and Progress of Hong Kong protest against the Hong Kong Sanctions Act outside the US consulate on Monday. Photo: Elson Li

“The provision is already there,” she said, referring to measures under Article 55 of the security law.

“If a case cannot be effectively tried in Hong Kong, it can be transferred to the mainland,” she said. “I hope that members of the US Congress will read relevant laws carefully. Do not make random threats.”

Party chairwoman Ip accused American politicians of using the bill to try to smear Hong Kong’s legal system and intimidate officials.

Beijing slams US lawmakers behind bill to sanction Hong Kong officials, judges

Monday marked the fourth consecutive day that pro-Beijing groups in the city staged protests against the proposed Hong Kong Sanctions Act. Dozens of members of the city’s two largest pro-establishment parties – the Democratic Alliance for the Betterment and Progress of Hong Kong and the Federation of Trade Unions – also rallied outside the US consulate.

Hong Kong deputies to the NPC issued a joint statement, lashing out at the American politicians saying their “despicable and shameful act would be in vain”.

Chairwoman Regina Ip on Monday led members of her New People’s Party to protest against the bipartisan bill. Photo: Xiaomei Chen

“The Hong Kong government exercising its enforcement, prosecutorial and judicial powers in handling serious criminal cases that endanger national security … is to fulfil its responsibility to safeguard national security and the rule of law, which is fair and should not be distorted,” it read.

Last week, five members of the House of Representatives and the Senate urged the Biden administration to sanction individuals they said were responsible for the political persecution of activists.

Republican member of the House of Representatives Young Kim, who co-sponsored the bill, accused Beijing of using the national security law to persecute pro-democracy media tycoon Jimmy Lai Chee-ying. A local court postponed the national security trial of the founder of the defunct Apple Daily tabloid-style newspaper to December.

Hong Kong slams US lawmakers over bill seeking to sanction 49 local officials

Hong Kong authorities were quick to condemn the “political grandstanding rife with ill intentions” and call on US politicians to stop interfering in Hong Kong’s affairs.

Lau, a consultant for Beijing’s semi-official Chinese Association of Hong Kong and Macau Studies think tank, earlier warned that in the “worst-case scenario”, Article 55 of the national security law could be invoked if Hong Kong’s judicial and legal system was unable to operate normally and effectively in tackling national security offences because of “deliberate sabotage” by the United States and other Western countries.

Article 55 stipulates that the Office for Safeguarding National Security of the Central People’s Government in Hong Kong can “exercise jurisdiction over a case” concerning offences endangering national security.

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