Hong Kong defends efforts to charge Canadian critic
Democracy activist faces allegations of `subversion'
The Hong Kong government has defended its charges against a Canadian critic of the regime, saying anyone who violates the city's widely condemned national security law — “regardless of their background or where they're located” — will be prosecuted.
The comment drives home what has been a fear of overseas activists since the law was enacted by the Chinese Communist Party (CCP) in 2020 – that it could be used as a threat, at least, against dissidents anywhere in the world.
Meanwhile, the accused, B.C. resident Victor Ho, said top federal government leaders must make a clear statement that foreign governments cannot employ such tactics against Canadians, something no member of cabinet has yet to do.
Intelligence agency and Global Affairs Canada employees have made contact with Ho, however, and a Global Affairs official issued a statement Wednesday saying it is “very concerned” that the national security law (NSL) is being applied to Canadians.
Earlier this month, the Hong Kong security bureau announced it was charging Ho — a longtime Canadian citizen and retired newspaper editor ‚ and two U.S. residents with breach of the security law's “subversion” section.
Their offence was to spearhead a Toronto-based plan to set up a sort of parliament in exile for Hong Kong, chosen by online elections involving residents of the enclave and its diaspora in other countries.
“Acts and activities that endanger national security have very serious consequences, and hence actions must be taken to prevent and suppress such acts and activities, to ensure that individuals endangering national security will face legal consequences,” bureau spokesman Tommy Wu told the National Post by email this week.
Asked if it would be possible to prosecute another nation's citizen for an act that occurred in that country, he answered in the affirmative.
“It should also be pointed out that the NSL has extraterritorial effect,” said Wu. “Any persons or entities who violate the NSL, regardless of their background or where they are located, will be dealt with by the HKSAR (Hong Kong Special Administrative Region) government in accordance with the law.”
While Canada and some other countries do allow prosecution of wrongdoing that occurred outside the country — such as terrorist attacks by or against Canadians — they typically target conventional criminal acts, not mere criticism of a government.
The affair began when Ho and other Hong Kong natives in Canada and the U.S. announced last month they were launching the overseas parliament. It's a largely symbolic response to Chinese government actions that have gutted Hong Kong's legislative council of its limited democratic elements, part of a sweeping crackdown on freedoms there.
The security bureau declared Aug. 3 that Ho, former Hong Kong legislator Baggio Leung and ex-Hong Kong democracy activist Yuan Gong-yi — the latter two both now Washington, D.C., residents — were suspected of committing the offence of “subverting the state power” under the NSL's article 22.
Ho immigrated to Canada in 1997 and became a citizen in 2001.