On August 18, I met my friend at Pearson International Airport in Toronto, Canada. He is a Christian missionary who was detained while carrying out missionary work in mainland China at the beginning of last year.
I used to be one of the directors of the Christian non-governmental organization he belonged to, which had its regional headquarters in Hong Kong. Currently, I will keep confidential the province he was in and other personal information.
He was detained for about a week. He was not a spy, nor did he carry any high-tech equipment, let alone a wealthy businessman investing millions of dollars in China. He was simply a Christian missionary who believed he came to China to spread the love of God in this country with over one billion people.
According to him, he was stripped naked and kept under bright lights 24 hours a day. At one point, he was tied to a “tiger bench,” a device that restricts freedom of movement and forces a person to maintain a rigid posture for long periods. At that time, being over fifty, he really felt like “I might never get out.”
In the end, the Chinese authorities allowed him to leave – but on the condition that he had to sign a “confession” stating that he would not “reappear” in China for at least five years. For him, this was already the best outcome. The risk does not always depend on what you think you are doing, but also on how the authorities interpret your actions.
For ordinary business travelers, China remains an important and potentially lucrative market. However, depending on the nature of your specific business, the risk factors can vary significantly. The most sensitive areas include: technology and strategic information, rare earths and critical minerals, cybersecurity and data, political activities, religion, and national security.
For individuals involved in semiconductors, artificial intelligence, telecommunications, advanced manufacturing, rare earths, or other strategic industries, the issue is not only about what you do in China, but also about: What information are you carrying? What information can you obtain? Who are your business partners?
The second concern is the possibility of being banned from leaving. Canada warns travelers that the Chinese authorities can impose exit bans, including bans related to legal and commercial disputes.
The United States also warns of the possibility of China using exit bans. The traditional assumption – “I can enter China, so I can leave at any time” – may not always hold true now.
Anyone considering traveling to mainland China should be aware of another important development. The State Council of China recently issued the “Regulations on Entry and Exit Administration,” which will come into effect on September 15.
The new framework strengthens and consolidates China’s entry and exit rules, including situations involving technology and national security issues. Reuters reported that these regulations prevent certain Chinese citizens from leaving China, as authorities consider them potential threats to national technological security.
This does not mean that every foreign business traveler will suddenly face an exit ban on September 15. But it indicates a broader trend: China increasingly views cross-border mobility, technology, information, and national security as interconnected issues.
Therefore, for anyone in sensitive industries, the question should not only be: “Can I enter China?” but also: “Under what circumstances might I not be able to leave?”
The situation in Hong Kong is even more complex. This city still exhibits the characteristics of an international financial center, where global banks, multinational corporations, professional institutions, and mature financial markets converge. This seemingly normal appearance may give a false sense of security.
Canada currently advises travelers to Hong Kong to remain highly vigilant, as there is a risk of arbitrary law enforcement in the region.
The United States also advises travelers to remain vigilant. Therefore, for some individuals, their concern is not whether they will be arrested, but rather that the boundaries of behavior become increasingly difficult to define.
For those who have openly supported democracy in Hong Kong, the situation is drastically different. Perhaps they participated in the 2019 Hong Kong democracy movement; perhaps they donated to a political organization, joined demonstrations, wrote articles, raised funds, supported activists, or openly criticized Beijing, and so on.
At the peak of the 2019 movement, more than 2 million people participated in demonstrations in this city of about 7.5 million. Many participants may have thought they were simply exercising their political rights.
However, after the enforced implementation of the National Security Law (NSL) by Beijing in 2020, the legal environment underwent significant changes. The key is not that the law automatically categorizes all actions in 2019 as crimes. The NSL does not have simple retroactivity.
The concern is that subsequent actions may still be relevant, and the law includes provisions that give it extraterritorial effect. This is particularly important for individuals holding Canadian, American, or British nationality but retaining permanent resident status in Hong Kong or having other connections to Hong Kong.
Individuals holding foreign nationality and Hong Kong identity should also be aware of another issue. One could hold Canadian or American passports while also holding a Hong Kong Permanent Identity Card.
From a personal perspective, entering Hong Kong using a Permanent Identity Card that has been in use for decades may seem natural. However, from the perspectives of Hong Kong and Beijing, the determination of nationality may be quite different.
If the Chinese authorities deem you a Chinese citizen, your foreign passport may not provide the diplomatic protection you expect. Therefore, individuals with dual nationality, Hong Kong residency, and politically sensitive backgrounds should seek professional legal advice before traveling.
The key point is: Do not assume that your Canadian, American, or British passport will automatically protect you from the jurisdiction of Hong Kong or China.
One of the most misunderstood issues is whether Beijing has deemed criticism of the state to be unlawful. The answer is more complex. There is no blanket provision stating that anyone criticizing the CCP automatically becomes a criminal.
However, the CCP has a comprehensive national security system, and authorities charge critics, activists, and others with offenses such as subversion of state power, espionage, interference in foreign affairs, or other national security crimes.
In Hong Kong, this issue is particularly prominent because the National Security Law in Hong Kong includes provisions with extraterritorial effect.
Therefore, the issue is not: “You criticized Beijing, so you automatically became a criminal.” The more realistic concern is that political expression, advocacy, fundraising, or forming organizations could become part of broader national security cases.
Another recent development that travelers should be aware of is the new version of the “Law on the Promotion of Ethnic Unity and Progress.” This law came into effect on July 1.
Article 63 in particular is worth noting. This provision stipulates that external organizations and individuals engaging in activities aimed at China, undermining national unity and progress, or causing ethnic divisions may be legally held accountable. Due to its extraterritorial effect, this provision has raised concerns.
The CCP increasingly emphasizes that certain behaviors outside its borders may be subject to Chinese law. For individuals involved in issues related to Tibet, Xinjiang, ethnic minorities, separatism, national unity, or other politically sensitive matters, this development should be taken seriously.
Therefore, travelers need to consider: “Will my actions outside China or Hong Kong impact me if I later enter mainland China or Hong Kong?” This is a question worth pondering before boarding.
In conclusion, for those actively engaging in political activities in Hong Kong, openly supporting democracy, participating in the 2019 democracy movement, writing critical articles on Beijing, supporting rights defenders, or those who have reasons to believe that local authorities or business partners may exert significant pressure on them, I would like to ask:
Is this business opportunity really worth the personal risk?
This is particularly important for small and medium business owners.
If your business relationships deteriorate, could commercial disputes escalate into more serious issues?
Could your company face regulatory pressure?
Are your local Chinese partners potentially more advantageous than you?
Could you face exit restrictions?
Mainland China and Hong Kong continue to be extremely important markets, but the risks are not the same for everyone. For a business traveler with a clean political background, normal commercial interests, and minimal contact with sensitive industries or political issues, risk assessment may be completely different.
However, for individuals with political backgrounds, involvement in sensitive technologies, substantial assets, connections to controversial institutions, Hong Kong residency with foreign nationality, or concerns about local commercial or regulatory pressures, I suggest thorough consideration before boarding.
For some, this remains a chance worth taking. But for others, particularly those with politically sensitive backgrounds, the wisest business decision may be to abstain.
[Translator’s note: The original author’s name and publisher’s details have been omitted for confidentiality reasons.]