Man in Hong Kong Sentenced to 14 Months in Jail for ‘Seditious’ Online Statements
A recent ruling in Hong Kong has resulted in the conviction and sentencing of a man under a new security law, marking the third such case since the legislation was implemented. Au Kin-wai, 58, appeared before Chief Magistrate Victor So at the West Kowloon Magistrates’ Courts and pleaded guilty to one count of “knowingly publishing publications that had a seditious intention” over statements he made on various social media platforms.
Au was charged for posts on Facebook, X, and YouTube, where he called for the dissolution of the Chinese Communist Party, as well as for Chinese president Xi Jinping and Hong Kong Chief Executive John Lee to step down. Referring to them as “dictators,” Au also invoked a Cultural Revolution-era slogan, stating, “Revolution is no crime, to rebel is justified.”
Legal Background and Context
The charges against Au were brought under the Safeguarding National Security Ordinance, referred to as Article 23 locally. This legislation, distinct from the national security law imposed by Beijing in 2020, came into effect on March 23 following approval by the city’s legislature. Notably, an earlier attempt to pass Article 23 in 2003 failed due to widespread protests.
Au’s lawyer, Steven Kwan, initially planned to challenge the law’s limitations on free speech. However, following a ruling by the city’s top court that allowed a similar challenge but not on the grounds of disproportionate free speech restrictions, Kwan withdrew the challenge. During the sentencing hearing, Kwan argued against attributing significant weight to Au’s actions, citing his limited following on social media.
Sentencing and Legal Analysis
Chief Magistrate Victor So deliberated on the case and determined that public safety considerations fell within the realm of national security, justifying the severity of the sentence. So pointed out that Au’s use of his real name on social media indicated a disregard for the law, emphasizing the need for deterrence against similar actions.
Setting the starting sentence at 18 months, So added an additional three months for further deterrence due to Au’s prior conviction for sedition. With a one-third sentence discount for a timely guilty plea, Au’s final sentence amounted to 14 months in jail. This ruling marked Au as the third individual to be convicted for sedition under Article 23.
Under Article 23, sedition carries a maximum penalty of seven years in jail, with a potential increase to 10 years if collusion with an “external force” is proven. The recent legislation also raised the threshold for early release of those imprisoned for offenses endangering national security, limiting the standard reduction for good behavior.
Reactions and Criticisms
The implementation of the security law has drawn criticism from various quarters, including rights NGOs, Western states, and the UN, citing concerns over its vagueness and broad scope. While authorities have defended the legislation as necessary to address perceived foreign interference and close loopholes following the 2019 protests, critics argue that it suppresses freedom of expression.
Despite the ongoing debate surrounding the security law, the recent convictions underline the government’s firm stance on maintaining national security and upholding the rule of law. The cases of Au and others serve as cautionary tales against activities deemed seditious under the new legal framework in Hong Kong.
