Tens of thousands of protesters are expected to rally in Hong Kong today against controversial extradition law changes that could see the territory hand over criminal suspects and fugitives to Beijing.

Key points: The amended law would allow case-by-case transfers of people to countries without extradition treaties, including China

The amended law would allow case-by-case transfers of people to countries without extradition treaties, including China Some argue the changes are necessary to fight crime including drug manufacturing and trafficking

Some argue the changes are necessary to fight crime including drug manufacturing and trafficking The bill could potentially be put to a vote within one month

Protests are also being planned in major cities all around the world — including in Australia — over the proposed legislation which, according to a human rights lawyer, could see foreigners living, working, or transiting through Hong Kong put within reach of Chinese laws.

"Any Australian national could be caught by this legislation if it passes, and there is a possibility that an individual could subsequently be extradited to the mainland [China]," said Simon Henderson, an Australian lawyer who had been working in Hong Kong for the past few years.

"So if they conduct business activities, or provide legal services, or accountancy services, any sort of particular activities, then there is a large number of people who could be exposed.

"Time is really running out. We are looking at a law potentially being put to a vote within one month."

A spokesperson for Australia's Department of Foreign Affairs and Trade said the Australian Government was "taking a close interest in the proposed amendments" and the consul-general has raised the issue with the Hong Kong Government.

Concern over China 'trumping up charges'

Experts said the amended law would also erode the "one country, two systems" principle. ( Reuters: Tyrone Siu, File )

The legal amendments being pushed by the special administrative region's Government would allow case-by-case transfers of people to countries without extradition treaties, including China.

"Obviously the chief concern for Hong Kongers is the potential exposure to the criminal justice system of mainland China," Sharron Fast, a media law lecturer at the University of Hong Kong, said.



"The law does provide for the fact individuals must be charged with a criminal offence, and that the offence in question is one which is recognised as a crime in Hong Kong.

"The danger remains, however, that Chinese courts could request the surrender of individuals on trumped-up charges."

Experts said the law would also erode the "one country, two systems" constitutional principle that Beijing promised in 1997, when the former British colony was transferred to China.

To date, this separation of systems guaranteed Hong Kong a high degree of autonomy, allowing the territory to keep its own political, judicial and economic systems until 2047.

"They are trying to integrate Hong Kong so much into the mainland to the point that Hong Kong is to be disappeared," Claudia Mo, a member of Hong Kong's Legislative Council, said.

"They are fed up with us. [The] so-called one country, two systems. They knew they couldn't live up to it.

"Hong Kong is like a little boat — it's sinking fast. It's seriously sinking fast."

The extradition law amendments are set to come before the Legislative Council on Wednesday for a second reading and to be debated.

When the bill comes to a vote before the Legislative Council break in mid-July, the democratic members of the Legislative Council will not have the numbers to stop it passing.

About 180,000 people turned out to commemorate the 30th anniversary of the Tiananmen Square massacre at Victoria Park. ( ABC News: Sally Brooks )

The relationship between Hong Kong and mainland China has already been in the spotlight this week due to the 30th anniversary commemorations of June 4, 1989.

About 180,000 people turned out in Victoria Park in Hong Kong last Tuesday night, according to vigil organisers, for a candlelight vigil to remember the students killed in the Tiananmen Square massacre.

Many people held signs which said: "No extradition to mainland China."

At a press event earlier on the same day, Hong Kong's chief executive Carrie Lam said fears Hong Kong would follow the instructions of Beijing and surrender whichever fugitives it wanted were unfounded.

"There are very detailed provisions in the law which will not allow that situation to happen," she said.

"And on top of those, last week the Government has announced six additional measures in response to public concerns in order to alleviate fears and anxiety."

"There is a very robust process and I urge you to look into the details of the process."

'An axe above our head': Who is at risk of extradition?

Protesters held signs saying "No extradition to mainland China" at the candlelight vigil at Victoria Park last Tuesday. ( ABC News: Sally Brooks )

Hong Kong already has extradition agreements with 20 jurisdictions across the world including Australia.

The Hong Kong Government is now seeking to change the law to enable extradition to any jurisdiction with which the city does not presently have an agreement.

However, no-one knows the exact details of the proposed amended law because it is still being finalised.

Veteran journalist Ching Cheong has been closely following the debate in Hong Kong on the extradition law changes. ( ABC News: Sally Brooks )

Local media reports mostly agree Hong Kong residents as well as citizens from mainland China who commit a crime in mainland China would be extradited.

However, there is disagreement over whether anyone committing a crime against Chinese national security in Hong Kong — who happen to be in the territory — would be extradited.

"Looking to the future there will be an axe above our head," said Hong Kong-based veteran journalist Ching Cheong, who was jailed in China for roughly three years on espionage charges after writing an article critical of the Chinese Communist Party.

"But why should we allow an axe to be installed above our heads?"

'I am now wanted': The bookseller who fled to Taiwan

Lam Wing-kee, centre, took part in a protest march with pro-democracy politicians and supporters in 2016. ( Reuters: Bobby Yip )

Bookseller Lam Wing-kee fled Hong Kong for Taiwan in April over fears for his safety after learning about the proposed extradition laws.

The former manager of Causeway Bay Books had already been imprisoned in China for five months in 2015 after being charged with illegally selling books.

"The mental torture from being imprisoned … could make you commit suicide," Mr Lam said.

"[Chinese authorities] could change my convictions at any time. They could say I was a counter-revolutionary or I had convicted a crime of incitement to riot."

"They said I was charged of illegally selling books … I asked them why. They said they didn't need a why. The facts were … what they thought they were."

While Mr Lam's fears are also echoed by others, Regina Ip, chair of the pro-Beijing New People's Party and former security minister, expressed her frustration at the public concern and criticism over the proposed changes.

She said ordinary Hong Kong citizens would not be whisked across the border because of some past disputes in mainland China.

"There has been a lot of irresponsible and groundless accusations, a lot of lies and falsehood being spread around," she said.

Arguments in support of the law change

In Mrs Ip's view, the law changes are necessary to fight crime, including drug manufacturing and trafficking, money laundering and firearms smuggling.

A flyer on display at Hong Kong University advertising the protest against the extradition law planned for Hong Kong today. ( ABC News: Sally Brooks )

She also argued there were enough safeguards in the current amendments to protect people who might be subject to an extradition request on charges that could be politically motivated.

"The justice department will vet it. The courts will vet it. That person will no doubt fight it in Hong Kong," Mrs Ip said.

"There is a difference between a person having a political background and whether the offence is actually a political one."

But for Hong Kong solicitor Albert Ho, chair of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, discussion on safeguards in the legislation miss an important point.

"The most fundamental issue is whether or not we have trust in the legal system in China," he said.

"The answer is categorically no, because China is not a country that practises the rule of law in the sense we understand it.

"They don't have judicial independence, because the judiciary is supposed to be an instrument of the state and has to be subject to the leadership of the party. So there is no judicial independence in mainland China."

Sally Brooks was in Hong Kong studying with the Judith Neilson Institute for Journalism and Ideas