Going to China or Hong Kong? The Questions You Should Ask Before You Fly

Commentary

On Aug. 18, I met my friend at Pearson International Airport in Toronto, Canada. He is a Christian missionary. Early last year, he was detained in mainland China while doing missionary work.

I was one of the directors of the faith-based non-governmental organization he was connected with, which had its regional headquarters in Hong Kong. For now, I will keep the province and other identifying details confidential.

He was detained for about a week. He was not a spy. He was not carrying advanced technology. He was not a wealthy businessman with millions of dollars invested in China. He was simply a Christian missionary who believed he was there to spread God’s love to a country of more than a billion people.

According to his account, he was stripped of his clothes and kept under bright lights 24 hours a day. At one point, he was placed on a “tiger bench,” a form of restraint that forces the body into a rigid position for a prolonged period. He was already in his 50s, and he genuinely thought, “I may never get out of China.”

Eventually, the authorities allowed him to leave—but only after he signed a “confession” stating that he could not “reappear” in China for at least five years. In his circumstances, this was the best-case scenario. The risk is not always determined by what you think you are doing. It can also depend on how the authorities interpret your actions.

China: Know Your Risk Category

For ordinary commercial travelers, China remains an important and potentially rewarding market. But the risk profile changes considerably depending on what you do. The most sensitive categories include technology and strategic information, rare earths and critical minerals, cybersecurity and data, political activity, religion, and national security.

For someone working with semiconductors, artificial intelligence, telecommunications, advanced manufacturing, rare earths, or other strategic industries, the question is not only what you are doing in China, but also: What information am I carrying? What information can I access? Who are my business partners?

A second concern is the possibility of an exit ban. Canada warns travelers that Chinese authorities can impose exit bans, including in connection with legal and commercial disputes.

The United States similarly warns about China’s use of exit bans. The traditional assumption—“I can enter China, therefore I can leave whenever I want”—is not necessarily guaranteed.

China’s New Exit-and-Entry Rules

There is another important development that anyone considering travel to mainland China should know about. China’s State Council has issued the Regulations on Exit and Entry Administration, which are scheduled to take effect on Sept. 15.

The new framework strengthens and consolidates China’s rules on entry and exit, including circumstances involving technology and national security concerns. Reuters has reported that the regulations provide for preventing certain Chinese citizens from leaving China, where authorities consider them a potential threat to national technology security.

This does not mean that every foreign business traveler will suddenly face an exit ban on Sept. 15. But it demonstrates a broader trend: China increasingly views cross-border movement, technology, information, and national security as interconnected issues.

For anyone in a sensitive industry, the question should therefore not only be: “Can I get into China?” It should also be: “Under what circumstances could I have difficulty getting out?”

Hong Kong: The Risk Is Less Obvious

Hong Kong is more complicated. The city still looks and feels like an international financial center. There are global banks, multinational corporations, professional firms, and sophisticated financial markets. That normal appearance can create a false sense of security.

Canada currently advises travelers to Hong Kong to exercise a high degree of caution because of the risk of arbitrary enforcement of local laws.

The United States also advises travelers to exercise increased caution. For certain people, the concern is, therefore, not necessarily that they will be arrested. It is that the boundaries of acceptable conduct have become much harder to judge.

Political History, Dual Citizenship, and Hong Kong Residency

For someone who has publicly supported Hong Kong democracy, the calculation is very different. Perhaps you participated in the 2019 pro-democracy movement. Perhaps you donated to a political organization, attended demonstrations, wrote articles, raised funds, supported activists, or publicly criticized Beijing.

More than 2 million people took part in demonstrations during the height of the 2019 movement, in a city with a population of roughly 7.5 million. Many participants may have believed they were simply exercising their political rights.

But the legal environment changed dramatically after the Beijing-imposed National Security Law came into effect in 2020. The important point is not that the law automatically criminalizes everything somebody did in 2019. The National Security Law is not simply retroactive.

The concern is that subsequent conduct may still be relevant, and the law contains provisions that give it extraterritorial reach. This becomes particularly important for someone who is a Canadian, American, or British citizen but retains Hong Kong permanent residency or other connections to Hong Kong.

Entering Hong Kong With a Hong Kong ID Card

There is another issue that people with foreign citizenship and Hong Kong status should understand. Someone may hold a Canadian or American passport while also retaining a Hong Kong Permanent Identity Card.

From the individual’s perspective, it may seem perfectly natural to enter Hong Kong using the Hong Kong ID card they have used for decades. But from the perspective of Hong Kong and Beijing, nationality can be viewed differently.

If authorities consider you a Chinese national, your foreign passport may not provide the diplomatic protection you expect. Therefore, anyone with dual citizenship, Hong Kong residency, and a politically sensitive background should obtain professional legal advice before traveling.

The key point is simple: Do not assume that a Canadian, American, or British passport automatically protects you from the jurisdiction of Hong Kong or China.

What About Criticizing the Chinese Regime?

One of the most misunderstood questions is whether Beijing has simply made criticism of the state illegal. The answer is more complicated. There is no blanket rule saying that every person who criticizes the Chinese regime has automatically committed a crime.

However, China has an extensive national security framework, and authorities have prosecuted critics, activists, and others for conduct they characterize as subversion, espionage, foreign interference, or other national security offenses.

The concern becomes particularly significant in Hong Kong, where the National Security Law contains provisions with extraterritorial reach.

So the issue is not: “You criticized Beijing; therefore, you are automatically a criminal.” The more realistic concern is that political expression, advocacy, fundraising, or associations could potentially become part of a broader national security case.

A New Law With Extraterritorial Reach

There is another very recent development that travelers should be aware of. China’s Law on Promoting Ethnic Unity and Progress came into force on July 1.

Article 63 is particularly noteworthy. It specifies that overseas organizations and individuals who engage in acts targeting China that undermine ethnic unity and progress or create ethnic division may be held legally responsible. This has attracted concern because of its extraterritorial implications.

China is increasingly asserting that certain conduct outside its territory can have consequences under Chinese law. For people involved in issues concerning Tibet, Xinjiang, ethnic minorities, separatism, national unity, or other politically sensitive matters, this development is worth taking seriously.

The question for a traveler is therefore: “Could something I do outside China become relevant if I later enter China or Hong Kong?” That is a question worth asking before getting on the plane.

Hong Kong and China: Is There Too Much at Stake?

This brings me to my conclusion. For someone who has been politically active in Hong Kong, publicly supported democracy, participated in the 2019 pro-democracy movement, written critically about Beijing, supported activists, or has reason to believe that local authorities or business counterparts could put significant pressure on them, I would ask:

Is the business opportunity really worth the personal risk?

This is particularly important for a small and medium-sized business owner.

If your business relationship deteriorates, could a commercial dispute become something more serious?

Could regulatory pressure be brought against your company?

Could a local Chinese partner have more leverage than you?

Could you potentially face restrictions on your ability to leave?

The Bottom Line

China and Hong Kong remain enormously important markets, but the risk is not the same for everyone. For a business traveler with a clean political profile, ordinary commercial interests, and limited exposure to sensitive industries or political issues, the calculation may be very different.

But if you have political history, sensitive technology, significant assets, controversial associations, Hong Kong residency combined with foreign citizenship, or concerns about local business or regulatory pressure, I would think very carefully before getting on the plane.

For some people, the opportunity will still be worth it. For others, particularly those with a politically sensitive history, the wisest business decision may simply be: Don’t go.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times.