Hong Kong judge urges ‘severe’ sedition penalties, jails 2 in first Article 23 law sentences

Chu Kai-pong and Chung Man-kit jailed for up to 14 months for displaying anti-government slogans

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Chief Magistrate Victor So says the Safeguarding National Security Ordinance stipulates a maximum sentence for sedition that is more than triple the length of its now-repealed predecessor. Photo: Jelly Tse

Published: 8:55pm, 19 Sep 2024Updated: 10:19pm, 19 Sep 2024

Hong Kong’s top magistrate has called for “severe” penalties for offenders who commit sedition by fostering hatred towards the authorities, as he jailed two men for up to 14 months for displaying anti-government slogans in the first sentences passed under the domestic national security law.

Chief Magistrate Victor So Wai-tak said on Thursday the Safeguarding National Security Ordinance stipulated a maximum sentence for sedition that was more than triple the length of its now-repealed predecessor with a view to better deter activities that threatened the country’s safety and public order.

“The legislative process must have taken into account the social circumstances and assessed the risk and prevalence of seditious conduct in society, hoping that more severe sentences would be meted out to enhance the law’s ability to prevent and eliminate any substantial or potential risk endangering national security or undermining social order,” he said at West Kowloon Court.

He stressed protection of the country was the “fundamental”, “foremost” and “essential” consideration in sentencing offenders for sedition, adding the court must give sufficient regard to the legislative intent of curbing national security risks.

A legal sector source familiar with prosecuting sedition offences told the Post the latest rulings might pave the way for more cases to be tried at the higher District Court, where defendants could face heavier sentences if convicted.

Unemployed Chu Kai-pong, 27, and bank clerk Chung Man-kit, 29, each admitted to violating the ordinance that was enacted earlier this year to fulfil a requirement under Article 23 of the Basic Law, the city’s mini-constitution.