Two men living in Australia have slammed a move by Hong Kong authorities to issue them with arrest warrants under a controversial national security law, putting a $HK1 million ($191,824) bounty on their heads.
Key points:
- Ted Hui and Kevin Yam, both based in Australia, have been issued with arrest warrants
- Hong Kong’s leader has urged them to “give themselves up” or they will be “pursued for life”
- Widespread protests rocked Hong Kong in 2019 amid fears Beijing would restrict democratic freedoms
Australian citizen and lawyer Kevin Yam, based in Melbourne, and Ted Hui, a former Hong Kong parliamentarian now based in Adelaide, have both been outspoken about a crackdown on freedoms in Hong Kong.
They are among eight overseas-based activists wanted on national security charges, including colluding with foreign forces and incitement to secession.
“I find it ridiculous, and it’s hilarious at the same time,” Mr Hui said.
“The whole thing is just political gestures by the CCP [Chinese Communist Party] regime in Hong Kong, and it shows how powerless the Hong Kong regime is in pursuing us.”
Widespread demonstrations rocked Hong Kong in 2019 in the wake of a hotly contested extradition law, with protesters fearing it could lead to the erosion of democratic freedoms the territory enjoyed.
Mr Hui fled Hong Kong while on bail for protest-related criminal charges, arriving in Europe in December 2020 before relocating to Australia the following year.
In March of 2021, Mr Hui became the first Hong Kong politician to be granted a special travel exemption to enter Australia during the pandemic with his parents, wife and two children.
“Australia is not buying the CCP’s version of the charges, so it’s not willing to extradite us back to China or Hong Kong. That’s why I’m feeling safe here,” he said.
He was granted a temporary bridging visa and hopes to gain permanent residence. He is based in South Australia with his family and working for a local law firm.
“I wouldn’t go to Hong Kong because my personal safety can’t be guaranteed. It’s very likely that whenever I participate in politics or in the protests, I’ll get arrested,” he said, adding that was the fate of his parliamentary colleagues.
“It’s very sad and heavy that I have to leave my homeland where I grew up, and all my connections, my loved ones. It’s very sad, but I hope that I will return to a free Hong Kong one day.”
Mr Yam told ABC News Radio the move to target a foreign citizen was “outrageous”.
“This is an outrageous interference in an Australian citizen’s rights to express himself in Australia about a city that where he built his career and still loves,” he said.
“This is China trying to extend the long arm of their so-called laws into democratic countries. And that is totally unacceptable.”
He said the $190,000 reward for his arrest was higher than for fugitives charged with sexual offences who fled Hong Kong.
“So they’re basically saying that me exercising my right to free speech in my own country is a more serious crime than sex offenders,” he said.
Mr Hui said the development would highlight the persecution of Hong Kong and galvanise support abroad.
“It’s making it more clear that China is progressing towards more extreme authoritarian government, and more of a threat to the world than a friend to the world,” he said.
Senior counsel Edward Chan King-sang told the ABC the arrest warrants reflected “a special feature” in Hong Kong’s rule of law after the introduction of the national security law.
Mr Chan said foreigners who say something that was considered an infringement of the law could face serious consequences when they visited the city.
“The national security law in Hong Kong is extraterritorial,” he said.
“It covers everyone in the world, regardless of the person’s … nationality, domicile, etc.
“In theory, of course, the Hong Kong authorities could arrest you and charge you regardless of where the alleged offence took place.”
Men urged to ‘give themselves up’
Hong Kong chief executive John Lee said the eight overseas-based Hong Kong activists would be “pursued for life”.
“I urge them to give themselves up as soon as possible,” Mr Lee told reporters.
Donald Rothwell, an expert in international law at the Australian National University, said it was unclear if Hong Kong had formally sought to issue international arrest warrants, which were normally notified via Interpol.
If not, the warrants would only apply in Hong Kong and China, he said.
Even if there were formal international arrest warrants, Dr Rothwell pointed out Australia would not act on a request to extradite the two men, as the previous government suspended an extradition treaty with Hong Kong in 2020.
“While at present Yam and Hui are legally protected in Australia from potential extradition to Hong Kong, they would lose that protection if they travelled outside of Australia where they could become subject to an Interpol notification and/or extradition arrangements between other countries and Hong Kong,” he said.
“That Hong Kong has issued bounties for these persons and indicated that others assisting these persons may also be in breach of the National Security Law could have implications for family members in Hong Kong, and also for their family members and associates in Australia.”
Mr Yam noted the charges were serious and could lead to prison sentences, including life in prison, but said there was no point in trying to challenge them, describing the legal situation in Hong Kong as a “kangaroo court”.
Mr Yam said he was pleased to see Foreign Minister Penny Wong publicly say she was “deeply disappointed” by the warrants.
“I want to be very clear. Australia has a view about freedom of expression, we have a view about people’s right to express their political views peacefully,” she told ABC’s RN Breakfast.
“And people in Australia who do so in accordance with our laws will be supported. We will support those in Australia who exercise these rights.”
The Department of Foreign Affairs and Trade has been contacted for further comment.
China has previously defended the national security law and criticised other countries’ comments about the situation in Hong Kong, saying that Hong Kong affairs are China’s internal affairs.
The ABC has approached the Chinese Embassy in Canberra and the National Security Department of the Hong Kong Police Force for comment.
Both Mr Hui and Mr Yam said they would not be silenced and the arrest warrants made them more determined to speak out.
“If I don’t do that, and if I feel sufficiently intimidated into silence, then they win,” Mr Yam said.
Additional reporting by Bang Xiao
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