Australian's arrest in Hong Kong highlights limits of consular help for dual nationals

The case of an Australian citizen arrested during a protest in Hong Kong highlights the possible misconceptions around what sort of consular support is available to dual nationals detained overseas.

Riot police detain protesters during an anti-government rally on New Year's Day in Hong Kong.

Riot police detain protesters during an anti-government rally on New Year's Day in Hong Kong. Source: AAP

While a common belief among migrants in Australia is that holding two forms of national identification offers a safeguard should anything occur in a foreign country, the protections offered may be different than initially thought.

Sydney man Ah Hung* visited Hong Kong in December using his Three Star Identity Card, an official document reserved for permanent residents of Hong Kong, which is different from a Hong Kong passport.

During his stay, he participated in the massive which reportedly attracted more than a million people. 
Hong Kong police say about 400 protesters were arrested on New Year's Day.
Hong Kong police say about 400 protesters were arrested on New Year's Day. Source: EPA
Hong Kong police arrested around 400 people following clashes with protesters, though they later admitted there was a possibility that some demonstrators were not involved. 

Ah Hung, who holds Australian citizenship, was one of those arrested. 

“We gathered in Causeway Bay near the SOGO department store with other protesters. At around 7:30pm the riot police started to fire tear gas. My husband was caught when we were running away,” Ah Hung’s wife said. 

Upon learning that her husband was detained at the police station, she began seeking assistance from non-profit organisations Spark Alliance and 612 Humanitarian Aid Fund who support the Hong Kong protesters, as well Australia’s Emergency Consular Assistance hotline.

Ah Hung’s wife was informed by Australian consular officials that only limited assistance was available to dual nationals if they are arrested overseas.
A riot police gestures, to a crowd to clear the area during a rally on Christmas Eve in Hong Kong.
A riot police gestures, to a crowd to clear the area during a rally on Christmas Eve in Hong Kong. Source: AP
According to the Hong Kong Immigration Department, Hong Kong residents or former residents of Chinese descent who are born in Mainland China or Hong Kong and have Chinese ancestry are considered as “Chinese citizens”. 

The Australian Department of Foreign Affairs states that under international law, “countries are not obliged to recognise dual nationality”.

This means any Hongkonger, who is a national of the city while holding an Australian passport, is not entitled to full consular protection while overseas.

Consular assistance is limited

A spokesperson from the Department of Foreign Affairs and Trade (DFAT) said the government body had seen a “small increase” in consular enquiries over the past seven months since protests began in Hong Kong.  

The spokesman added that consular assistance, in cases where dual nationals are detained, was limited.

“Consular assistance to Australians arrested overseas may include visits to prisons to monitor welfare, liaison with local authorities regarding the Australian’s well-being, provision of lists of local.” 

The spokesperson said Australians should “exercise a high degree of caution” in Hong Kong including avoiding demonstrations. 

Australians planning to visit Hong Kong can visit Smarttraveller.gov.au for the latest travel guidelines. For emergency consular support from the Australian Government, call +61 2 6261 3305 (overseas), 1300 555 135 (in Australia), or send a text message to +61 421 269 080.

*Not his real name


Share
3 min read
Published 16 January 2020 11:06am
Updated 16 January 2020 11:14am
By Jojo Lee


Share this with family and friends