My Take | China’s long arm of the law falls far short of the US
- Article 38 of the Hong Kong national security law targeting foreigners may be seen as returning the favour for Western extraterritoriality
The return of two once-discredited ideas in contemporary international affairs will make the world a much more dangerous place.
One is annexation as a de facto expansion of a country’s borders. Another is the extraterritorial application of national jurisdiction.
Russia and Israel are practising the first in Crimea and the West Bank respectively. The United States now practically claims global jurisdiction and is helping to legitimise Israel’s annexation plan. China is following the American example.
Article 38 of the new national security law, which covers offences committed by foreigners outside Hong Kong and has alarmed so many people, must be understood in this global context.
People rightly worry about the long-arm jurisdiction that covers offences committed outside the city.
In principle, a foreigner expressing support for Hong Kong independence could find himself in serious legal trouble if he travels to the city or the mainland, or under Article 36, aboard a vessel or aircraft registered in the Hong Kong SAR.