Japanese media “Nikkei Asia” reported recently that the Office of the Commissioner of Foreign Affairs in Hong Kong sent letters to local foreign consulates, citing that the Chinese Communist Party’s (CCP’s) law does not recognize dual nationality, warning them they have no right to conduct consular access to Hong Kong detainees with dual nationality.
“Nikkei Asia” disclosed that the Office of the Commissioner of the Chinese Ministry of Foreign Affairs in Hong Kong sent a letter to all local foreign consulates on May 31, stating that the CCP does not recognize dual nationality and warning that foreign consular officers shall not be entitled to visit any Chinese nationals detained in Hong Kong. The report quoted the letter as saying, “Beijing considers an individual a Chinese national unless they renounce their citizenship.”
The Canadian Consulate in Hong Kong and Macau confirmed that it had received the notice. The Canadian Consulate stated that “this will prevent consular officials from providing assistance to Canadians with dual citizenship.” It emphasized that “the Government of Canada attaches great importance to the safety of Canadians abroad.”
The Japanese consulate did not respond as to whether it had received the said letter. Still, the Japanese side stated that regardless of the laws of the CCP, if the individual concerned is a bona fide Japanese national, it will continue to provide its consular access. The U.S. consulate urged Hong Kong authorities to comply with the Vienna Convention on Consular Relations and bilateral agreements to provide detainees with consular notification. The Australian and British consulates declined to comment, while South Korea did not respond.
Under the Vienna Convention on Consular Relations, consular officers have the right to access their nationals who are imprisoned, detained, or interned abroad, to converse or communicate with them, and to appoint legal representatives on their behalf. However, the consular officer shall refrain from acting if the person expressly objects to any action being taken on his behalf.
Several people with dual citizenship have been arrested in Hong Kong, including one of the defendants in the pro-democracy camp’s primary election case. He has Australian and Chinese dual nationalities. Australian media reported in February 2022, citing Australian government sources, that the local Australian consulate staff had made several requests to the Hong Kong government to meet with the defendant but was refused in each attempt. The person in question is believed to be Gordon Ng Ching-hang.
The other is Jimmy Lai Chee-ying, the founder of the former “Next Media” who holds a British passport. He is accused of violating the “Hong Kong National Security Law.” The case will go to trial in September, with a pre-trial hearing in August. Iain Duncan Smith, former leader of the British Conservative Party, expressed concern about Lai’s case at a meeting of the House of Commons a few days ago and believed that the British government had a duty to assist him, including exercising consular access rights to visit him.
