Must Read: The Risks for International Business under the Hong Kong National Security Law, Co-Authored by ABA ROLI Program Director for East Asia, Elizabeth Donkervoort
The promulgation of the HK NSL has fundamentally changed Hong Kong’s original constitutional setup posing new risks and challenges for international businesses. This article explores impacts from the extraterritorial reach of the HK NSL to the relationship of national security concerns and state secrets and how these issues may apply within the context of commercial disputes and transactions. Rising geopolitical tensions in the region and their potential impact on how the HK NSL may be applied are also explored. The HK NSL is a significant change from where the region was a year ago and has far-reaching consequences for individuals, organizations and governments. It is imperative lawyers understand these risks so they can properly advise their clients.
About the Authors
Dennis W. H. Kwok, Barrister at Law, Former Legislative Councilor of Hong Kong SAR representing the Hong Kong legal profession (2012–2020) Senior Fellow, Ash Center for Democratic Governance and Innovation, Harvard University Kennedy School
Dennis Kwok was elected as the member of the Legislative Council (LegCo) representing the Hong Kong legal profession in 2012. The legislature in Hong Kong is divided into geographical seats and functional seats. Each member of the legal profession has one vote and is entitled to elect their representative in LegCo. Kwok succeeded veteran lawmaker Dr. Margaret Ng who held the LegCo legal seat for 16 years. Previous occupant of the legal seat includes Mr. Martin Lee, S.C., father of the democratic movement in Hong Kong. In 2016, Kwok was re-elected for a second four-year term with a 69% majority of votes from the legal profession.
In LegCo, the main policy areas that Kwok focused on included access to justice, human rights protection and the independence of the judiciary in Hong Kong. Kwok oversaw the development of legal policy issues including the independence of prosecution decisions, the development of the legal profession and legal education.
Kwok accepted numerous speaking engagements outside Hong Kong to discuss geopolitical issues related to the region. These engagements include the Asia Society, New York City Bar and the Council on Foreign Relations (New York), the United Nations Business and Human Rights Forum (Geneva), an European Parliament Subcommittee (Brussels), German Marshal Fund, Georgetown University and the Heritage Foundation (Washington DC), Venstre (Norway), the Stockholm Free World Forum (Sweden) and the Lowy Institute (Australia). In his private legal practice, Kwok specializes in cross-border commercial disputes and international arbitration. He obtained his LLB from King’s College London. He qualified as a solicitor in England & Wales (2003) and as a barrister in Hong Kong (2006).
Elizabeth Donkervoort, Program Director for East Asia, American Bar Association Rule of Law Initiative
Elizabeth Donkervoort is currently the Program Director for the American Bar Association’s Rule of Law Initiative in East Asia, where she oversees programming to strengthen access to justice and rule of law. Donkervoort has a decade of experience working in the democracy and governance sphere, working with grassroots organizations in some of the world’s most restrictive environments to strengthen their organizational capacity, strategic planning, and security. For five years she was based in Hong Kong where she oversaw the International Republican Institute’s civil society capacity building programs in the People’s Republic of China and Laos People’s Democratic Republic (2015-2016) helping develop the Institute’s largest collection of training curriculum and resources for activists, organizations, and citizen movements. Prior to IRI, Donkervoort helped administered Freedom House’s Emergency Assistance Program, providing support to threatened human rights defenders and civil society organizations around the globe.
Donkervoort is admitted to the bar in both Alberta, Canada and New York, USA. She worked with Brownlee LLP as a member of their Municipal Law Practice, providing legal advice and assistance to local governments in Alberta and representing clients before all levels of court up to the Court of Appeal, as well as administrative tribunals. Donkervoort received her JD and Master of Asia Pacific Policy Studies from the University of British Colombia and an Honours Bachelor degree from the University of Toronto.
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The views expressed in the Ash Center Policy Occasional Paper Series are those of the author(s) and do not necessarily reflect those of the John F. Kennedy School of Government or of Harvard University. The papers in this series are intended to elicit feedback and to encourage debate on important public policy challenges.
The views expressed herein represent the opinions of the authors and editors and should not be construed to be those of the American Bar Association or its respective sections. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel in the relevant jurisdictions.
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