Hong Kong:

A senior Hong Kong judge sided with the government on Friday and dismissed the first legal challenge to the city’s newly enacted national security law, which had been brought by a jailed protester.

Ma Chun-man — known as “Captain America 2.0” for carrying a replica of the Marvel superhero’s shield during democracy rallies in 2019 — was imprisoned for “inciting secession” under a national security law imposed by Beijing in 2020.

He had hoped to receive a one-third sentence remission — typically granted to inmates for good behaviour — and be released in March.

But the passage of another national security law this year effectively banned remission for people convicted of national security crimes, and Ma’s request for early release was denied.

Ma challenged the decision, but on Friday the court said the new system was “sufficiently precise and certain”.

“There is no question of Mr Ma being subject to any additional or heavier penalty by operation” of the new rules, High Court judge Alex Lee ruled.

“The applicant’s substantive judicial review is dismissed,” said Lee, who is among a pool of jurists selected by Hong Kong’s leader to hear security cases.

Both of Hong Kong’s national security laws have been criticised by Western nations such as the United States for quashing dissent and curtailing freedoms in the city.

Hong Kong authorities have defended the laws as necessary to restore order following the huge and sometimes violent pro-democracy protests in 2019.

Under the second law, national security prisoners are now “not entitled to remission”, city leader John Lee has said, with the rule change covering those already serving time.

An exception can be made only if Hong Kong’s prison chief is satisfied that an early release would not be contrary to national security interests.

Ma’s lawyers argued that the definition of “interests of national security” was too vague.

But government lawyers responded that “national security is really a constantly evolving concept… not capable of being inflexibly defined”.

Ma, a former food delivery worker, was sentenced to nearly six years in jail after being found guilty of “inciting secession” by chanting Hong Kong independence slogans, an offence under the first national security law.

The sentence was reduced to five years after a successful appeal in 2022.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

Critics say officials in the Chinese finance hub have used the sedition offence, which has roots in British colonial rule, to target government critics and stifle dissent.
| Photo Credit: AFP

Hong Kong police said on Saturday (August 31, 2024) that two people were arrested for sedition under a new national security law, accusing them of spreading hatred against Chinese and local authorities.

The arrests on Friday came only a day after the pro-democracy news outlet Stand News and two former editors were found guilty of sedition, the first conviction of its kind since the city came under Chinese rule in 1997.

Critics say officials in the Chinese finance hub have used the sedition offence, which has roots in British colonial rule, to target government critics and stifle dissent.

A man aged 41 and a 28-year-old woman were arrested on Friday for committing “an act or acts that had a seditious intention” and remained in custody, police said in a statement.

Hong Kong media reports said the arrests were made in connection to a note widely circulated on social media this week after a university professor was killed on railway tracks.

The author expressed suicidal thoughts due to despair over Hong Kong’s future. AFP was unable to verify the identity of the person who wrote it.

Police said the woman was suspected of “publishing fraudulent ‘last words’ of the deceased in relation to a recent suicide case”.

They said the man was accused of placing “memorial light boxes” in various places, with contents “provoking hatred” of the governments in Beijing and Hong Kong, police said.

The new national security law, passed in March and commonly known as Article 23, increased the maximum jail term for sedition from two years to seven.

It is Hong Kong’s second national security law and follows the one imposed by Beijing in 2020 after huge, sometimes violent pro-democracy protests a year earlier.

Those protests prompted a crackdown on free speech that has seen critics of China jailed or forced into exile

The United States and Britain are among vocal critics of the new law, which they say has curbed rights.

By August 1, 301 people had been arrested for national security crimes under various laws.

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“Thousands of journalists have fled their home countries in recent years to escape political repression, save their lives and escape conflict – but in exile they are often vulnerable to physical, digital and legal threats,” a U.N. investigator said on May 22.

Irene Khan said in a report to the United Nations General Assembly (UNGA) that the number of journalists in exile has increased as the space for independent and critical media has been “shrinking in democratic countries where authoritarian trends are gaining ground.”

Today, she said, free, independent and diverse media supporting democracy and holding the powerful to account are either absent or severely constrained in over a third of the world’s nations, where more than two-thirds of the global population lives.

The U.N. independent investigator on the promotion and protection of the right to freedom of opinion and expression said most journalists and some independent media outlets have left their countries so they can report and investigate freely “without fear or favour.”

But Ms. Khan, a Bangladeshi lawyer who previously served as secretary general of Amnesty International, said exiled journalists often find themselves in precarious positions, facing threats against them and their families from their home countries without assured legal status or adequate support to continue working in their country of refuge.

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“Fearing for their own safety or that of their families back home and struggling to survive financially and overcome the many challenges of living in a foreign country, many journalists eventually abandon their profession,” she said. “Exile thus becomes yet another way to silence critical voices – another form of press censorship.”

Ms. Khan, whose mandate comes from the Geneva-based U.N. Human Rights Council, said there are international legal protections for journalists in exile who range from full-time professional reporters to bloggers publishing on the internet and elsewhere. “The problem is “the failure of states to respect their obligations under international law,” she said.

In recent years, Ms. said, hundreds of journalists have fled from Afghanistan, Belarus, China, Ethiopia, Iran, Myanmar, Nicaragua, Russia, Sudan, Somalia, Turkey and Ukraine. In addition, smaller numbers have fled from a range of other countries including Burundi, Guatemala, India, Pakistan and Tajikistan, “to name just a few,” she said.

Ms. Khan said there is no data on human rights violations committed by countries outside their borders. “But there is anecdotal evidence including victims’ testimony, scholarly research and the experience of civil society organisations suggesting that “a high prevalence” of such “transnational repression” targets exiled journalists and media outlets,” she said.

Ms. Khan said “the butchering of exiled Saudi journalist, Jamal Khashoggi, in the consulate of Saudi Arabia in Istanbul was an outrageous, audacious act of transnational repression.” Khashoggi, a Washington Post columnist who entered the consulate on October 2, 2018, to get documents for his impending marriage, never emerged and his remains have never been found.

Ms. Khan also pointed to Turkey’s extraterritorial abductions and forcible return of at least 100 Turkish nationals, including journalists, from many countries, and Iran’s targeting of exiled Iranian journalists and media outlets as well as Iranian and Iranian-origin journalists and media staffers working for the BBC Persian-language service.

In February 2020, she said, prominent Iranian exiled journalist Rana Rahimpour received death threats against herself, her husband, her children and her elderly parents.

Ms. Khan said the world witnessed a blatant example of forced abduction when Belarus authorities used a false bomb threat in violation of international law to divert a commercial airliner as exiled media worker Raman Pratasevich was travelling to the country’s main airport in May 2021. He was arrested, convicted, sentenced to eight years in prison and later pardoned.

As for digital transnational repression, the U.N. special rapporteur said attempts to intimidate and silence journalists and their sources and promote self-censorship online have increased over the past decade.

Ms. Khan said common practices include “recruiting armies of trolls and bots to amplify vicious personal attacks on individual journalists to discredit them and their reporting, blocking exiled news sites or jamming broadcasts, and targeted digital surveillance.” “Online attacks including death threats, rape threats and smear campaigns have skyrocketed in the past 10 years,” she said.

“Digital surveillance also surged over the past decade as spyware enables authorities to access journalists’ phones and other devices without their knowledge,” Ms. Khan said. In early 2022, journalists from El Salvador fled to Costa Rica, Mexico and elsewhere after civil society investigations reported the use of Pegasus spyware on their devices.

She said exiled journalists often face two major legal threats from their home countries: “investigation, prosecution and punishment in absentia, and the pursuit of their extradition on trumped up criminal charges.”

Hong Kong’s recently adopted National Security Law, augmented by the Safeguarding National Security Ordnance, “criminalizes secession, subversion, terrorism and ‘collusion with foreign organizations’ in sweeping terms and with extraterritorial reach,” she said. It has been used extensively against independent journalists in Hong Kong and has hampered the work of journalists in exile and forced many to self-censor.

After Russia’s February 2022 invasion of Ukraine, Ms. Khan said, it adopted draconian laws punishing anyone discrediting the armed forces or disseminating false information about the military operation. This has led independent media to self-censor, shut down or leave the country. “Russian courts have issued sentences in absentia against several exiled journalists,” she said.

Ms. Khan called for countries hosting exiled journalists to provide them with visas and work permits.

“Exiled journalists also need better protection from physical and online attacks, long-term support from civil society and press freedom groups, and “they need companies to ensure that the technologies that are essential to practice journalism are not disrupted or weaponized against them,” she said.

A lawmaker holds a copy of the proposed Safeguarding National Security Bill during the second reading of the Basic Law Article 23 legislation at the Legislative Council in Hong Kong, on March 19, 2024.
| Photo Credit: AP

Hong Kong lawmakers unanimously approved a new national security law on March 19 that grants the government more power to quash dissent, widely seen as the latest step in a sweeping political crackdown that was triggered by pro-democracy protests in 2019.

The legislature passed the Safeguarding National Security Bill during a special session that lasted on March 19. It comes on top of a similar law imposed by Beijing four years ago, which has already largely silenced opposition voices in the financial hub.

Hong Kong’s Legislative Council, which is packed with Beijing loyalists following an electoral overhaul, rushed the law through to approval. Since the bill was unveiled on March 8, a committee held daily meetings for a week, following an appeal by Hong Kong leader John Lee to push the law through “at full speed.” After the vote, Mr. Lee said that the law would take effect Saturday.

Critics worry the new law will further erode civil liberties that Beijing promised to preserve for 50 years when the former British colony returned to Chinese rule in 1997.

It threatens stringent penalties for a wide range of actions authorities call threats to national security, with the most severe — including treason and insurrection — punishable by life imprisonment. Lesser offenses, including the possession of seditious publications, could also lead to several years in jail. Some provisions allow criminal prosecutions for acts committed anywhere in the world.

Legislative Council President Andrew Leung said in the morning he believed all lawmakers were honoured to have taken part in this “historic mission.” Leung, who as Council president usually would not vote, also cast a vote to mark the occasion.

John Burns, an honorary professor of politics and public administration at the University of Hong Kong said the process reflected the city’s “disabled accountability system, weakened by design.”

The lawmakers did examine the bill in detail, he said, and the government adopted some amendments proposed by legislators. But during debate many legislators focused on ways to expand the state’s reach on national security issues and increasing penalties for related crimes.

“For those who care about accountable government, the process is disappointing, but not surprising, given the centrally-imposed changes since 2020,” he said.

Simon Young, a professor at the law faculty at the University of Hong Kong said the legislature did more than “rubber-stamping” the law, noting that officials attended lengthy meetings to clarify the bill. But Young said that in the past the legislature might have sought experts’ input.

“It is regrettable that this was not done on this occasion,” he said.

Hong Kong’s political scene has changed dramatically since the massive 2019 street protests that challenged China’s rule over the semi-autonomous territory, and the imposition of Beijing’s National Security Law.

Many leading activists have been prosecuted, while others sought refuge abroad. Influential pro-democracy media such as Apple Daily and Stand News were shuttered. The crackdown prompted an exodus of disillusioned young professionals and middle-class families to the U.S., Britain, Canada, and Taiwan.

Hong Kong’s mini-constitution, the Basic Law, requires the city to enact a home-grown national security law. A previous attempt in 2003 sparked a massive street protest that drew half a million people, and forced the legislation to be shelved. Such protests against the current bill were absent largely due to the chilling effect of the existing security law.

Both Chinese and Hong Kong governments say the Beijing-imposed law restored stability after the 2019 protests.

Officials insist the new security law balances security with safeguarding rights and freedoms. The city government said it’s needed to prevent a recurrence of the protests, and that it will only affect “an extremely small minority” of disloyal residents.

The measure targets espionage, disclosing state secrets, and “colluding with external forces” to commit illegal acts, among others. Its provisions include tougher penalties for people convicted of endangering national security by certain acts if they’re also found to be working with foreign governments or organizations to do so.

Those who damage public infrastructure with the intent to endanger national security could be jailed for 20 years, or, if they colluded with external forces, for life. In 2019, protesters occupied Hong Kong’s airport and vandalized railway stations.

Businesspeople and journalists have expressed fears that a broad law against disclosure of state secrets and foreign interference will affect their day-to-day work.

Observers are closely watching to see if the authorities will extend enforcement to other professional sectors and its implications on liberties for Hong Kongers.