The fate of the 12 Hongkongers detained in Shenzhen following a foiled attempt to flee to Taiwan will become clearer in just over two weeks' time, according to a mainland Chinese lawyer appointed by one of the detainees' families.

Suspects could only be detained for 37 days without being formally arrested, Lu Siwei told the Apple Daily. The detention period would end on Oct. 1 and the 12 Hongkongers might be allowed to walk free, Lu said.

However, they could also be arrested and continue to be detained, he said, adding that it would also mean a high probability of conviction.

In mainland China, police can detain suspects for up to 37 days before the arrest is approved by a prosecutor. The country reported a conviction rate of 99.9% in 2014.

Lu’s client is one of the 12 Hongkongers stopped by China’s coast guards en route to Taiwan as they fled the city in a speedboat, fearing political persecution. Lu and other lawyers have not been able to see their clients, who have been detained in a center in Yantian for 24 days as of Tuesday.

A point of contention in the case was whether the coastal guards who intercepted the detainees' boat had legal justifications to hand the case over to the Shenzhen police bureau, Lu said. The law was unclear and one way to avoid the grey area was for the Shenzhen police to transfer the detainees back to Hong Kong, he added.

The route of the boat will be another important element in the case, according to Lu. It was unclear whether the boat was stopped in Chinese waters or its contiguous zone, Lu explained. There would be different implications if the boat was found to have entered Chinese waters or if it was only travelling in its territorial waters, he said.

Lu said it was unlikely that the 12 would face national security charges for the foiled escape, although China’s spokesperson Hua Chunying had labelled them as separatists. The Shenzhen police bureau did not have the power to investigate crimes set out in Hong Kong’s national security law or those committed in the semi-autonomous city, he explained.

Lawyers appointed by the detainees' families have been told that the Hongkongers have hired their own representatives in the detention center. At least five lawyers have been pressured by authorities to drop the case.

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