Australia denied access to dual citizen detained for alleged ‘subversion’ in Hong Kong

The citizen has been detained for 11 months

The citizen has been detained on charges linked to Hong Kong protests (Getty Images)

Australian consular officials have been denied access to an Australian-Chinese dual citizen who has been held in Hong Kong for 11 months for alleged “subversion”.

The Australian Department of Foreign Affairs and Trade (Dfat) published new information about the case revealing that the unnamed man was arrested for “conspiring to subvert state power”.

Born in Hong Kong, he was first arrested on 6 January, 2021 “for conspiring to subvert state power” and was released on bail the following day.

“On 28 February 2021 Hong Kong police advised the individual that he was to be charged for ‘subversion’ and was required to attend West Kowloon magistrates’ court on 1 March 2021, where he was again placed under arrest,” Dfat said in a written response to a parliamentary question.

“The individual remains in detention,” it added.

The Australian government has not yet confirmed the name of the individual.

Chinese law allows authorities to impose long jail sentences for vaguely worded crimes, including collusion with foreign countries and encouraging “secession”. The penalty for subversion ranges from 10 years to life in jail.

Hong Kong authorities first notified the Australian consulate general in Hong Kong of the arrest in January 2021, although China does not recognise dual nationality.

“Officials from our Consulate-General have attended the subsequent court hearings,” a Dfat spokesperson said on Tuesday.

“However, we have been denied consular access despite multiple attempts because the individual is deemed to be a Chinese citizen under China's citizenship laws, which do not recognise dual nationality.”

Dfat added that it was “in regular contact” with the man’s lawyers and would “continue to attend future court hearings.”

A spokesperson from Hong Kong’s Security Bureau said authorities had no obligation to give dual citizens consular access.

“According to the Nationality Law of the People’s Republic of China (PRC), dual nationality is not recognised. Unless one has made an application and was approved for the renunciation of Chinese nationality (or a) declaration of change of nationality, he is still a Chinese national,” he said.

“It should also be stressed that enacting legislation to safeguard national security is a common state policy.

“Western countries such as Australia, the United States, the United Kingdom, Canada and New Zealand, etc. have all enacted laws to safeguard their respective national security.”

Dfat said that Australia as well as other countries have expressed its concern about “the erosion of basic freedoms.” The case comes at a time of strained relations between Canberra and Beijing.

“The Hong Kong National Security Law could be interpreted broadly and therefore result in detention that is arbitrary or lacks transparency as well as the removal of basic individual rights,” the Dfat spokesperson added.

Hong Kong officials warned last year that dual nationals in the territory would no longer be entitled to consular assistance, prompting both Australia and the United Kingdom to change travel advice for the city.

Critics have slammed Beijing for implementing the controversial National Security Law, which threatens the freedom of expression. Beijing has been accused of using the law to crack down on rights and pro-democracy activists in the wake of the 2019 Hong Kong protests.

Under the law, which was implemented in 2020, crimes of secession, subversion, terrorism and collusion with foreign forces are punishable by a maximum sentence of life imprisonment. Since June 2020, more than 120 people, including opposition leaders and journalists, have been arrested under the new law.

The independent South Australian senator Rex Patrick, who first asked about the matter in Senate estimates in October, said he held “grave concerns for this individual, along with the others being held in arbitrary detention by the Chinese Communist Party”.

“His arrest highlights the plight of the more than 100 Hongkongers that have been arrested and charged since the CCP repression of Hong Kong began,” Mr Patrick said.

The Independent approached the Chinese embassy in Canberra for comment.