Smearing HKSAR national security law exposes double standards: experts

BEIJING -- Chinese law experts said the smearing of a national security law for the Hong Kong Special Administrative Region (HKSAR) by US Secretary of State Mike Pompeo and other like-minded people exposed their "double standards."

Pompeo particularly attacked Article 38 of the Law of the People's Republic of China on Safeguarding National Security in the HKSAR, which says "this Law shall apply to offences under this Law committed against the HKSAR from outside the Region by a person who is not a permanent resident of the Region."

Han Dayuan, a law professor at the Renmin University of China, said the article embodies the principle of protective jurisdiction on national security, which is an international common practice.

Han, who also sits on the HKSAR Basic Law Committee of the National People's Congress Standing Committee, said people should comprehend Article 38 under the legal framework of the HKSAR national security law.

"Article 38 only targets four categories of crimes that seriously undermine national security," he said.

According to the Law, the four categories are secession, subversion, terrorist activities, and collusion with a foreign country or with external elements to endanger national security.

Li Xiaobing, a law expert at Nankai University, said the United States, as a major country of the common law system, has long practiced nationality-based jurisdiction and protective jurisdiction in safeguarding national security and combating terrorism.

Li said the accusations from the US side are completely groundless.

Chan Wai-keung, a lecturer at the Hong Kong Polytechnic University, also agreed that the United States apparently applied double standards by criticizing Article 38, citing its bid to extradite Julian Assange from Britain even though he is not an American citizen.

Chu Kar-kin, a commentator in Hong Kong, said in many countries, unlawful elements are not allowed to plot activities of sabotage against the country in or outside its territory.

The state will thus take legal measures to restrain such activities to protect its residents from such threats, Chu said.