The CIQ (customs, immigration and quarantine) building at Haneda Airport in Ota Ward, Tokyo, which houses the Haneda branch of Japan's Immigration Services Agency.
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A Hong Kong pro-democracy activist was nearly denied entry into Japan due to his prior prosecution under Hong Kong's National Security Law.
The National Security Law was enacted in June 2020, severely restricting freedoms of speech and assembly and hollowing out the "One Country, Two Systems" framework that was supposed to guarantee a high degree of autonomy.
At the time of its enactment, the Japanese government expressed serious concern and issued criticism. Yet six years later, a pro-democracy activist who had served time under that same law was subjected to an extended immigration inspection in Japan. I spoke with the activist about what happened.
The activist is Jimmy Sham, 39. On June 16, immigration screening at Haneda Airport lasted approximately 20 hours.
One of the 47
Sham was one of the defendants in the so-called pro-democracy primaries case involving 47 pro-democracy figures in Hong Kong. In July 2020, the pro-democracy camp held primary elections aiming to win a majority in the Legislative Council.
Hong Kong authorities deemed this a "conspiracy to subvert state power" and charged 47 individuals under the National Security Law.
Sham was arrested in January 2021 and released on May 30 last year.
Entry Into Japan and Initial Screening
His recent visit to Japan was a family trip to celebrate his birthday, with plans to sightsee in Kamakura and other areas until June 20. He arrived at Haneda Airport shortly before 3 PM on June 16.
Immigration officers confirmed that he had received a criminal sentence exceeding one year and conducted a detailed interview. Sham explained the National Security Law by presenting articles and court documents related to the pro-democracy primaries case, stating that it was "not a general criminal case such as murder, arson, or theft, but a highly political matter."
Japan's Position and Diplomatic Context
When the National Security Law was introduced, then Chief Cabinet Secretary Yoshihide Suga and Foreign Minister Toshimitsu Motegi strongly criticized China, expressing "deep regret."
In diplomatic language, "regret" is stronger than "concern" or "worry" and serves as a formal expression of displeasure, condemnation, or serious concern. It was also used after the 1989 Tiananmen Square incident.
Overnight at Haneda Airport
Six years on, Sham said even Japanese immigration officers did not fully understand the specific nature of National Security Law cases. He was told that special screening was required and could take three to four days, while his accompanying family members entered Japan separately, leaving Sham alone at the airport.
Since his release in May last year, Sham has traveled to South Korea, Taiwan, the United Kingdom, and the United States, but said he had never been held up in the same way. The screening continued overnight, and he spent the night at the airport.
The following morning, on June 17, he was still told the process was ongoing, but around noon his passport was returned and entry was granted. At that time, he was asked to confirm that he would leave Japan on June 20.
Sham said that after about three hours, he began to strongly fear that he might not be allowed to enter.
Treatment by Immigration Officers
Regarding the immigration officers' response, Sham said, "It would be arrogant to expect every Japanese official to fully understand Hong Kong's situation."
Still, he described the officers as highly professional in protecting national borders, adding that they were "very friendly and took care of everything—rest areas, meals, and my physical condition."
He also said that when he consulted Hong Kong nationals in Japan about being held at Haneda, some Japanese government-related individuals and former lawmakers helped explain the situation to the foreign and justice ministries.
"I was very glad to realize that there are Japanese people who care about Hong Kong's democracy and political prisoners," Sham said.
However, he also expressed lingering concerns about future re-entry. Hong Kong citizens are generally visa-exempt for short stays, but having a criminal record related to National Security Law cases could lead to repeated lengthy inspections.
While emphasizing that he respects Japan's right to screen individuals with criminal records, he said National Security Law cases have "special political circumstances" and are completely different from crimes such as murder or arson.
He urged Japan to consider a system in which, once certain procedures are completed, entry could proceed more smoothly thereafter.
When asked about the case, the Immigration Services Agency said it could not comment on individual cases.
Political Climate in Hong Kong
Regarding the current situation in Hong Kong, Sham said it is "completely different from before 2020." He warned that living in Hong Kong now makes it difficult to express democratic views internationally, adding that mechanisms for ordinary citizens to convey opinions to the government have "become hollow."
He said even pro-government legislators and influencers fear that their statements could be interpreted as violations of the National Security Law.
At the end of the interview, Sham reiterated his gratitude to Japanese supporters, government officials, and immigration staff at Haneda Airport.
"I believe Japan is a country that protects freedom and democracy. Many Hong Kong people love Japan. That is precisely why I hope systems can be considered so that people with Hong Kong political cases do not feel doubly punished when visiting."
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Author: Shimpei Okuhara, The Sankei Shimbun
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