Portuguese National Sentenced To Five Years In Hong Kong Under National Security Law

The case against John, a dual citizen of Portugal and Hong Kong, unfolded against the backdrop of rising tensions surrounding the region's autonomy and China's increasing influence. He was convicted of incitement to secession, a charge stemming from his activities as the former president of the Hong Kong Independence Party.

John's conviction centered on his use of social media platforms to advocate for Hong Kong's independence, a stance deemed unlawful under the National Security Law. His posts, spanning multiple platforms over a period from July 1, 2020, to November 1, 2022, were flagged as seditious and provocative by the prosecution.

District Judge Ernest Lin Kam-hung presided over the sentencing noted that John's social media posts, made between July 1, 2020, and November 1, 2022, distorted history and demonized the Chinese government. The judge also highlighted the premeditated nature of John's posts, which were disseminated through the official channels of the Hong Kong Independence Party over an extended period.

What is the National Security Law?

NSL is a controversial piece of legislation imposed by China on Hong Kong, aimed at safeguarding national security. It was promulgated and applied in Hong Kong on June 30, 2020, in response to widespread protests and civil unrest in the region.

The NSL criminalizes four main categories of offenses:

1. Secession: Advocating for Hong Kong's independence from China.
2. Subversion: Undermining the power or authority of the central government.
3. Terrorism: Using violence or intimidation against people for political purposes.
4. Collusion with foreign or external forces: Engaging with foreign entities to undermine the stability or security of Hong Kong or China.

The law grants extensive powers to Chinese and Hong Kong authorities to enforce its provisions, including the establishment of a National Security Committee in Hong Kong, with members appointed by Beijing. It allows for trials to be held in mainland China for certain cases deemed "serious" or involving national security, bypassing Hong Kong's judicial system.

Since its implementation, the NSL has led to numerous arrests, prosecutions, and convictions of individuals accused of violating its provisions. The law has sparked international condemnation, with governments, human rights organizations, and the United Nations expressing concerns about its impact on fundamental rights and freedoms in Hong Kong.