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HOME > Press and Media Service > Embassy Spokesperson
Embassy spokesperson on the legislation on Article 23 of the Basic Law of Hong Kong (3)
2024-03-23 12:00

Question: Will the extra-territorial effect of the legislation on Article 23 of the Basic Law lead to "transnational repression" of people living abroad, or infringe on the sovereignty of other countries?

Embassy spokesperson: Extra-territorial application of the legislation on Article 23 of the Basic Law is fully consistent with international law and common practices in different countries and regions. This is reasonable, lawful, justifiable and necessary.

Under customary international law, a State has the right to exercise jurisdiction over persons, property, or behaviour outside its territory based on "reasonable sovereign interests", including vital national interests such as territory, nationality, national security, etc, and substantive impact on the State. The national security laws of many Western countries, including the UK and EU member states, have extra-territorial effect. Descrising the extra-territorial effect of this legislation as "transnational repression" is a typical example of confusing different concepts and confounding right and wrong.

Concerns about the abuse of relevant laws are unfounded and biased. Hong Kong ranks high in the World Justice Project Rule of Law Index, surpassing many Western countries such as the United States. After the enactment of Article 23 legislation, the law enforcement agencies in the HKSAR will take law enforcement actions strictly based on facts and evidence and in accordance with the law. The prosecution department in the HKSAR will control criminal prosecutions in strict accordance with Article 63 of the Basic Law, free from any interference. And the judiciary of the HKSAR will independently exercise the judicial power in strictly accordance with the law, guaranteeing  the right to a fair trial to all individuals facing charges.


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