Chinese-Australians accused of subversion or secession activities in Australia such as pro-democracy rallies are likely to come under the microscope of authorities if they attempt to return to Hong Kong. Article 38 states the law will apply to"offences under this law committed against the Hong Kong Special Administrative Region from outside the region by a person who is not a permanent resident of the region". The law is broad enough to apply to all Australians but in practice is likely to only apply to those with Chinese heritage.
There are more than 1.2 million Australians with Chinese ancestry,including 677,000 who were born in China,the second-largest group of overseas-born residents in the country.
Bing Ling,a Professor of Chinese Law at the University of Sydney,said the scope of the legislation meant Australians peacefully talking about Hong Kong independence or proposing sanctions on Hong Kong"would be considered criminal and people can be arrested if they enter Hong Kong".
"It is a heavy-handed piece of legislation,not only in terms of the conduct that it criminalises but in terms of the institutions it establishes,the powers that it confers and the scope of the jurisdiction that this law is going to have,"said Bing."This is going to apply not only to Hong Kong but people outside Hong Kong."
Chinese officials confirmed on Wednesday that cases investigated directly by the newly established intelligence unit — the Office for Safeguarding National Security of the Central People’s Government in Hong Kong — will also be able to be prosecuted on the mainland,pushing residents accused of crimes out of the global financial hub and into China's opaque judicial system.
The legislation drew condemnation from 27 countries,including Australia and Switzerland at the United Nations Human Rights council on Wednesday. The group accused China of breaching a legally binding treaty that guaranteed a high degree of autonomy for Hong Kong when it was handed over by Britain in 1997.