Tomorrow is the Olympic opening ceremony. I am sure many around the globe are excited about this.

The Chinese government, anxious about “trouble makers,” such as demonstrators supporting various causes, have published a book of comprehensive rules on how spectators should behave. Among the rules are strict restrictions on the display of banners and flags, as well as on “groups of spectators wearing similar or identical outfits.”

These rules have attracted much criticism. However, I am not going to discuss the rules today. I want to talk about the possible legal consequences and remedies if you happen to get into trouble when in Beijing.

Generally speaking, the applications of criminal laws are strictly territorial in nations around the globe. This means that the courts, without express legislation granting otherwise, do not have jurisdiction over crimes committed outside a sovereign territory. (Exceptions in Canada include: war crimes, crimes against humanity, and crimes committed on high seas or in space. Certain nations, such as France, also take jurisdiction based on nationality.)

Hence, if you, a foreign national, get into trouble with Chinese criminal law, the local courts would generally have exclusive jurisdiction over the matter. However, there are certain special rules in public international laws that may provide remedies.

One of the remedies may be that China and the country of your residence (or domicile/nationality) have an extradition treaty in place. If this is the case, a protocol will be followed, and you may be extradited back to your home country to face  trial there.

If treaty is in place, certain international law rules may nonetheless apply. For example, persons being detained should be provided with the assistance of counsel and have the right to be tried before an impartial tribunal. The embassy or consulate of the country of the detained person should be notified, and be allowed to provide assistance, legal or otherwise.

Finally, if the international law rules are not being observed and applied, the detained person’s nation may make diplomatic protests, including recalling its ambassador and representatives from the hosting nation. The aggrieved nation may also bring a claim against the hosting nation before the “world court” (International Court of Justice) if the conditions are met.

When in Beijing… enjoy the games and try to stay out of trouble!