Hong Kong’s new national security law does not spell out the principle of double criminality but the concept should still apply because it is enshrined in other Chinese legislation, according to a mainland legal scholar and adviser to the central government.
Article 38 of the new Hong Kong law says the legislation applies to offences against the Hong Kong Special Administrative Region from outside the region regardless of the persons’ nationality. “My understanding is … anything that involves extradition and mutual criminal assistance has to follow double criminality in practice,” he said.
After the law came into effect on June 30, the United States, Canada and Australia suspended extradition treaties with Hong Kong, while Britain and New Zealand said they were looking into doing the same, citing concerns over the legislation’s reach over their citizens. For example, a suspect in custody for alleged national security offences would need official approval to see a lawyer before being charged, according to Article 39 of the procedure law.
Source: Law Daily Report (lawdailyreport.net)
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