Unlawful Detention in the Mainland and the Concerns of Hong Kong

Abstract

This paper considers the legality of the detention of Hong Kong businessmen in the mainland through an examination of the case of Lok Yuk-shing. It points out the ambiguous status of Hong Kong residents in China's criminal process and the disadvantageous position Hong Kong residents are in, relative to the position of foreign nationals and mainland residents. It argues that while stronger action by Hong Kong government and closer cooperation between Hong Kong and the mainland authorities in criminal matters may offer limited assistance to Hong Kong residents detained in the mainland the ultimate remedy lies in the further liberalization of China's legal system.