I don't know what kind of British passport he hold. But regardless, in front of China's legal system, he is not "legally" a foreigner.I'm not sure how this national security law works for "foreigners". Now Jimmy Lai, though born Chinese, is in fact a foreigner. (I thought it's Canadian, but others say it's U.K.). Either way, if he is a foreign national, could he be try for spying? Or other laws that relates to foreigners. Unfortunately, that means we can't try him for treason.
Anyway, if he is legally a foreigner. Then shouldn't his nation's government be protesting? Like they go every time when one of their spies get caught and locked up? (Like Canadian did with regards to Meng). Or Brits did to the British Iranian women over in Iran?
There silence is telling. This Jimmy Lai is expendable after all.
- I did not dig too deep, but according to Wikipedia ha is UK national and Chinese (HK) "national". Since China does not legally recognize dual citizenship, his UK nationality is void. This will prevent him from British consulate involvement. Since the beginning of charges against him, no UK consulate involvement was reported, it means that his so-called UK nationality is just nothing.
- Another example is similar case is Huseyincan Celil who holds a Canadian passport. Canada tried but was denied getting involved when he was arrested in Uzbekistan and extradited to China on charges of terrorism. China told Canada that he was and still is a Chinese national. His Canadian "citizenship" is void because according to Chinese Nationality Law, a person taking on citizenship of another country is obliged to notify Chinese authority to relinquish his/her Chinese citizenship. That means taking up Canadian passport does not take away Chinese jurisdiction, while China can strip his Chinese citizenship after he has served his terms in prison and then expel him to Canada.