Author: Luoyu
Source: Hong Kong 01
Zhu Mujin, who was born in Hong Kong and obtained American citizenship as early as 1996, published in the New York Times publishes why Chinese citizen like me like me, claiming that it was wanted based on Article 38 of the Hong Kong District National Security Law, that is, there is no Hong Kong Special Administrative Region.People with permanent residents, who shall be applied to the law of this Law on the implementation of this law in the Hong Kong Special Administrative Region to implement the crime stipulated in this Law. It is surprising that they become Hong Kong fugitives as American citizens.He criticized the threat of the relevant provisions very ridiculous, and said that he would not be the only person in China seeking for imposing a certain punishment.If I can become a target, any country who speaks for Hong Kong may also be a strike target.The incident caused a lot of Hong Kong people to sympathize, thinking that Zhu Muomin said very much, and the scope of the effectiveness of the National Security Law of the Hong Kong District could be extended to non -overseas citizen MDASH; mdash; however, it actually involved misleading and only selectively interpreted the provisions.
Let's talk about the effectiveness of the National Security Law of the Hong Kong District.Section 6 The scope of validity indeed point out that Hong Kong people or overseas Hong Kong people and non -Hong Kong people are applicable to MDash; MDash; Article 37 that the permanent residents of the Hong Kong Special Administrative Region or the corporate or groups such as companies, groups such as the Special Administrative Region in Hong Kong or the Special Administrative Region of the Hong Kong Special Administrative Region orIf an illegal organization shall implement the crime stipulated in this law outside the Hong Kong Special Administrative Region, this Law is applicable; Article 38 states that people who do not have the status of permanent residents of the Hong Kong Special Administrative Region in the Hong Kong Special Administrative Region shall implement the provisions of this Law on the Special Administrative Region of Hong Kong.This law is applicable.
In this regard, early in the early days of the National Security Law of the Hong Kong District, a lot of controversy has been triggered. For example, US Secretary of State Pompeo once described that the regulations may also be applicable to Americans.offend.
However, in fact, many mainland legal experts have refuted that the relevant provisions meet the international generals, and criticize Pompeo's duties is purely dual standards and cannot stand at all.For example, Han Dayuan, a member of the Hong Kong Basic Law Committee of the National People's Congress Standing Committee and a professor at the School of Law of the Renmin University of China, said that this provision follows the principles of national security protection in the world.Example shows that even if foreigners implement traditions abroad in Germany, they need to be applied to the jurisdiction of criminal law in Germany.
What is protective jurisdiction?It turned out that in the field of international criminal rule of law, the state had the right to jurisdiction over foreigners who seriously infringe on the country or their citizens' major interests outside the scope of its territory.In addition to Germany, Japan ’s criminal law also pointed out that Japan has the right to exercise jurisdiction over foreign countries' crimes such as foreign chaos and external affords in foreign countries.In other words, the state has the right to exercise jurisdiction over the sovereignty of the country and the personal safety of the nationality in foreign countries. It is an international approach.
In his writing, Zhu Mumin emphasized that he was a U.S. citizen, but was wanted because he was suspected of violating the division of the country and colluding with foreign or overseas forces to harm national security. It was very surprising.However, in fact, in early August, he revealed that he had (Hong Kong) permanent residence permit mdash; mdash; in other words, he should be wanted based on overseas Hong Kong people instead of American citizenship, that is, the writing article is misleading.Ingredients.
Why can Zhu herdsters who have obtained American citizenship can have the status of permanent residents in Hong Kong at the same time?The reason is simple MDash; MDASH; First of all, according to the explanation document of the Nationality Law of the People's Republic of China, which was included in the Basic Law Annex III in 1996, all people born in Hong Kong are Chinese citizens;The Chinese citizen born in Hong Kong before the establishment of the Hong Kong Special Administrative Region is MDash; MDash; so Zhu herdsmen born in Hong Kong in 1978 were also permanent residents of the Hong Kong Special Administrative Region after returning in 1978.
Furthermore, when Zhu Mujin immigrated to the United States after 1989 and obtained US citizenship in 1996, according to the Immigration Regulations, unless he had been in Hong Kong for 36 months or more, he would not lose his permanent resident identity in Hong Kong.
In the above interview, Zhu Mujin claimed that as American citizen, I spent the United States land and lobby my own government on behalf of the United States. To say that my work was absurd by the Hong Kong police and the government's jurisdiction.Mdash; MDASH; The question is that when Zhu Muaman is not just a US citizen, and at the same time, he has the status of permanent residents in Hong Kong. Then how to understand him as a Hong Kong person, he is in Hong Kong and lobbying overseas government changes to Hong Kong policy or even sanctions.What about Hong Kong behavior?Can I have a permanent resident in Hong Kong and a foreign passport in the right hand, but only enjoy the rights of both parties without fulfilling the relevant obligations?
