Lee Bo’s case highlights grey areas in Hong Kong’s Basic Law on cross-border criminal investigations

Many feel “one country, two systems” has suffered a serious blow from the mysterious circumstances of Lee Bo’s case, but it is too soon to conclude that the Basic Law has been violated.

If Lee crossed the border voluntarily and on his own, there would be no Basic Law issue. If private individuals unconnected to the mainland government were involved in forcing or persuading Lee to cross the border then, again, it is difficult to see this as a constitutional crisis, even though such individuals may have committed ordinary crimes.

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There are a number of indications, however, that mainland officials were implicated in Lee’s entry. First there are Lee’s statements that he is “assisting an investigation” on the mainland. The nature of the books sold by Lee’s bookstore, coupled with the disappearances of his four associates, suggest a criminal investigation into offences of spreading rumours or slander to subvert state power or other national security offences.

Then there was the entry itself without the usual immigration clearances, suggesting official intervention. Finally, there is the unexplained need for Lee and his associates to remain on the mainland indefinitely if the “investigation” relates only to their associate Gui Minhai’s alleged case of vehicle homicide.

Even if mainland officials were involved, this does not necessarily mean the Basic Law was breached because there are grey areas when it comes to cross-border criminal investigations.

Certainly an abduction and forced rendition by mainland officials would constitute a serious infringement of the “one country, two systems” principle, but there are multiple ways to cause someone to cross the border. A chat in a cha chaan teng, a phone call or a text message may be all that is needed to incite a person to make the trip.