The High Court of the Hong Kong Special Administrative Region (Court of Appeal) upheld a Trial Court’s decision regarding a case of “incitement to secession” under the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region. The Applicant, by organizing events, chanting slogans, and using social media platforms, actively promoted the idea of Hong Kong independence, leading to his conviction. Despite arguments challenging the offense’s seriousness and the sentence’s appropriateness, the High Court affirmed the trial court’s classification of the case as “serious” under Article 21 of the NSL. This classification was based on various factors, including the deliberate nature of the Applicant’s actions, the calculated targeting of sensitive dates and locations, and the potential societal impact of his incitement. Although the High Court recognized the relatively low culpability of the Applicant within the “serious nature” category, it determined that a starting point of 5 years and 3 months for sentencing was appropriate, ultimately reducing the sentence imposed by the Trial Court to that duration.
Note: The Applicant, Ma Chun Man, has challenged the constitutionality of the National Security Law before the Hong Kong Court. Ma Chun-man, convicted for inciting secession, was set for early release on March 25, 2024, but had it revoked under a new national security law enacted just days earlier. His lawyers are challenging this decision, arguing it violates his rights, lacks procedural fairness, and effectively creates an “ideology conversion system.”