Hong Kong's Top Court Shatters Hopes for Leniency in Landmark National Security Law Ruling
Hong Kong's top court rejects jailed student's appeal to reduce his sentence for inciting secession under Beijing's national security law, setting a precedent for other cases.
In a significant ruling by Hong Kong's top court, a jailed university student's bid to reduce his five-year sentence for inciting secession under the national security law imposed by Beijing was rejected.
Lui Sai-yu had pleaded guilty in April 2022, admitting that content on a Telegram channel he administered incited others to separate Hong Kong from China or unlawfully alter the city's legal status. However, his guilty plea did not result in the typical one-third reduction in his sentence, as the security law mandates minimum jail terms for serious offenses.
Lui is among the approximately 260 individuals who were arrested under the security law in an attempt by Beijing to suppress dissidents following the massive protests in 2019. The court's ruling on his appeal is expected to set a benchmark for sentencing in other national security cases, including those involving prominent democracy leaders who have also pleaded guilty.
The judges unanimously dismissed Lui's appeal, stating that a minimum penalty of five years is obligatory for individuals committing serious offenses related to secession. This ruling reinforces the power of the security law and sets a precedent within Hong Kong's common law system, which typically does not stipulate minimum sentences based on the seriousness of the case.
Observers anticipate that the judgment will guide future cases, including the sentencing of 31 activists who pleaded guilty to subversion charges for their alleged involvement in an unofficial primary election in 2020, including former student leader Joshua Wong. Critics argue that the enactment of the security law has greatly diminished the freedoms promised to Hong Kong when it returned to Chinese rule in 1997.
However, the Hong Kong government has praised the law, asserting that it has restored stability to the city. The ruling on Lui's appeal highlights the far-reaching impact of the security law and its implications for the future of Hong Kong's legal system.