Could your next post land you in jail? SmartTraveller warns against doing this in popular destination

As the world opens up again and international travel resumes, many Australians are eagerly planning their next overseas adventure.

One destination, with its dazzling skyline and rich cultural tapestry, has long been a favourite destination for Aussie tourists.

However, a recent advisory from SmartTraveller has cast a shadow over the excitement of visiting the bustling city-state.



The Australian Government's official travel advice service, SmartTraveller, has issued a stark warning to Australians planning to visit Hong Kong: be careful what you post on social media.

The caution comes in light of Hong Kong's new national security laws, which have been described as ‘interpreted broadly' and far-reaching, even extending to social media posts made outside of Hong Kong.


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Heading to Hong Kong? Be wary of the country's new laws. Credit: Unsplash


‘You could break the law without intending to,’ SmartTraveller said.

‘You could be detained without charge for up to 16 days and denied access to a lawyer for up to 48 hours.’

The Safeguarding National Security Ordinance, which came into effect in March, has added 39 new national security crimes to an already stringent security law imposed by Beijing in 2020 following pro-democracy protests in Hong Kong.

This law, known locally as Article 23, encompasses a wide range of offences, including treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage.

The most severe of these crimes carry the possibility of life imprisonment.



The implications of these laws have already been felt, with 14 individuals arrested under Article 23 by September for wearing a T-shirt with a 'Liberate Hong Kong' slogan or being connected to anti-government Facebook groups.

These charges, related to sedition and seditious intent, have led to prison sentences ranging from 10 to 14 months, as reported by the Hong Kong Free Press.

International response to the law has been critical, with the US State Department and Amnesty International expressing concerns over the ‘poorly defined and incredibly vague’ law.

Sarah Brooks, the Director of Amnesty International China, described it as 'another crushing blow to human rights in the city’.

‘The authorities have enacted this law in the blink of an eye, killing off any remaining shred of hope that public outcry could counter its most destructive elements,’ she said.

For Australians, the advisory is a sobering reminder that the Australian Government cannot intervene in Hong Kong's judicial process.



Furthermore, SmartTraveller has highlighted that Chinese law does not recognise dual nationality.

This means that travellers entering Hong Kong on a non-Australian passport or those considered Chinese citizens may be denied Australian consular services.

The impact of these laws on tourism is yet to be fully understood. However, with nearly 300,000 visitors from Australia, New Zealand, and the South Pacific in 2023 alone, the potential for these laws to affect a significant number of travellers is real.
Key Takeaways

  • Aussie travellers to Hong Kong are warned by SmartTraveller about new laws that could lead to jail time for social media posts.
  • The new national security law in Hong Kong is broad and extends to actions made outside of the territory, such as posts on social media platforms.
  • The Australian Government's travel advice service advised a high degree of caution for travellers to Hong Kong due to the new law.
  • The Australian Government cannot intervene in the Hong Kong judicial process, and Chinese law does not recognise dual nationality, affecting consular support for Australian citizens.
Have you had any experiences with overseas laws affecting your travel? Share your stories and thoughts in the comments below.
 
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Feel very sorry for those that live in Hong Kong.....fair dinkum you would be scared to even take a S*** at home for fear of breaking a law that might see you jailed......Hong Kong...it really has turned to shit.;)
 

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