Lai Chi-ying became the first person accused of colluding with foreign powers. The three cases of the crime can be sentenced in the Mainland.

According to Article 55 of the National Security Law, if the case involves three circumstances, including the case involves foreign intervention, the Hong Kong Government has difficulties in jurisdiction, the Hong Kong Government can propose the Office of the State Security of the Hong Kong Special Administrative Region to exercise jurisdiction over the case of crimes against national security, or can be handed over to the Mainland for trial.

Article 55 of the National Security Law specifies three circumstances under which the Office of the Commissioner for National Security may exercise jurisdiction if the SAR government or the Office of the Commissioner for National Security reports to the Central People’s Government for approval, including complex cases involving the intervention of foreign countries or forces outside the SAR, where the SAR has genuine difficulties in exercising jurisdiction; serious cases where the SAR government is unable to effectively enforce the national security laws; and cases where there is a serious and realistic threat to national security.

In the above cases, the Office of National Security in Hong Kong shall be responsible for the investigation of the crime, and the Supreme People’s Procuratorate in the Mainland shall designate the relevant prosecutors to exercise the power of inspection, and the Supreme People’s Court shall designate the relevant courts to exercise the power of trial, and the penalties and litigation procedures shall be governed by the provisions of the Criminal Procedure Law of the People’s Republic of China and other relevant laws.