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On Monday, Adam Ma Chun-man turned the second particular person convicted beneath Hong Kong’s Nationwide Safety Regulation (NSL), and the first particular person convicted beneath the regulation for nonviolent acts of speech. Charged with inciting secession, he faces as much as seven years in jail. His conviction units a harmful precedent for the over 100 people dealing with costs beneath the NSL—85 p.c of whom have been charged with speech-related crimes—and for others who danger prosecution for speech that was beforehand authorized. In a well timed instance of how strict the authorities have develop into, the Hong Kong marathon, held sooner or later earlier than Ma’s conviction, barred runners from carrying “political” slogans as innocuous and ubiquitous as “Hong Kong, add oil!”
Nicknamed “Captain America 2.0,” in reference to a protester who dressed because the superhero through the 2014 Occupy motion, Ma is thought for having chanted slogans, held up indicators, and given media interviews at completely different demonstrations in 2019 and 2020, all whereas sporting the well-known superhero’s protect. He has been held in custody for ten months since his arrest final November.
On conclusion of 2nd #NSL trial in HK, 32-yo Ma Chun Man nicknamed Second Captain America discovered responsible of inciting others to commit secession by District Court docket. He now faces jail time period as much as 7 yr.
For mere use of “Hong Kong Independence” slogan in public.
PURE SPEECH CRIME. pic.twitter.com/Joa2IW6Oen
— Timothy Lee 李軒朗 (@TimothyLee_HK) October 25, 2021
W/tear gasoline surgical masks, pepper spray specs MT @AgnesBun
Captain America noticed: #mongkok #HongKong #OccupyCentral pic.twitter.com/gkLRjEiutj— Phelim Kine “老 康“ (@PhelimKine) October 17, 2014
District Court docket Decide Stanley Chan Kwong-chi, who was handpicked by Chief Govt Carrie Lam, offered Ma’s conviction in a 33-page judgment after 4 days of judicial proceedings. Ma might be sentenced on November 11. The sentence for inciting secession usually carries as much as ten years in jail, however it’s capped at seven years on the District Court docket stage. Brian Wong from the South China Morning Put up described how the decide rejected the protection’s argument that Ma by no means meant for others to behave upon his phrases:
Ma, a 31-year-old former meals supply driver, stood accused of selling separatism on 20 events between August 15 and November 22 final yr by utilizing expressions equivalent to “Hong Kong independence, the one approach out”, “Hongkongers construct their nation” and the “Liberate Hong Kong” slogan – a signature chant of the 2019 anti-government protests.
[…] Ma may need loved being surrounded and interviewed by “a bunch of reporter lookalikes” and may need lacked detailed planning in reaching independence, however he might have steadily modified folks’s minds by means of his “human recorder-style” speeches and made them consider it was attainable, [Judge] Chan stated.
The decide additionally cited the Excessive Court docket’s verdict in Leon Tong’s [National Security Law] case find it irrelevant to contemplate the affect and precise penalties of Ma’s actions. [Source]
Leon Tong Ying-kit was the primary particular person to be convicted beneath the NSL, in July. He crashed into a bunch of cops on his bike whereas carrying a flag emblazoned with the slogan “Liberate Hong Kong, Revolution of Our Instances.” Convicted for each terrorism and secession, Tong’s use of the slogan alone earned him six and a half years out of a complete nine-year sentence. This second NSL case in opposition to Ma, who in contrast to Tong didn’t interact in any violent acts, confirms that residents could be convicted for secession beneath the NSL merely because of nonviolent speech. A latest evaluation of Tong’s case by Thomas E. Kellogg and Eric Yan-ho Lai at Georgetown College’s Heart for Asian Regulation exhibits the extreme free speech restrictions linking Tong and Ma’s respective convictions:
To make sure, the which means of the slogan in query shouldn’t be completely irrelevant: nobody needs to be criminally prosecuted for inciting secession over speech that has nothing to do with a territory’s political standing, for instance. That stated, the court docket’s unduly heavy give attention to the precise which means of the slogan is a little bit of a pink herring: even when Tong made a extra direct and overt assertion in favor of political independence for Hong Kong, beneath the Siracusa and the Johannesburg Ideas exams, he wouldn’t be responsible of a nationwide safety offense until his speech was each meant to incite imminent violence, and likewise concretely seemingly to take action.
[…] The court docket’s verdict has clear implications that would resonate effectively past Tong’s personal case. Its discovering that the which means of the slogan is inherently secessionist, and to deduce intent to incite others from the mere act of — admittedly provocative in Tong’s case — public show means that any public show of the now-forbidden slogan may very well be a violation of NSL Article 21. If adopted by different courts, this reasoning would have important implications for different pending NSL trials: the police have arrested different people merely for displaying or chanting the forbidden slogan, as a part of an obvious effort to successfully prohibit its use in Hong Kong in any public venue, at any time. [Source]
Prosecutors making an attempt to supply proof in Ma’s case submitted t-shirts, seized from a raid on Ma’s house, printed with the slogans “I’d reasonably die talking than reside in silence” in Chinese language and “Give me liberty or give me demise” in English. Ma pleaded not responsible, and he selected to not testify or summon any witnesses. His senior protection counsel Edwin Choy as a substitute argued that Ma was merely “immature” for chanting the slogans, and did so solely to show that “exercising freedom of expression shouldn’t be in opposition to the regulation.” Austin Ramzy on the New York Instances described how Ma’s conviction demonstrates that the federal government is intent on stifling freedom of expression through the NSL:
The activist, Ma Chun-man, had argued that he had not been calling for Hong Kong’s independence from China, however as a substitute had needed to point out that free speech nonetheless existed beneath the regulation, which Beijing imposed on Hong Kong in June 2020. He might be sentenced on Nov. 11.
Critics say Mr. Ma’s conviction exhibits that the nationwide safety regulation is getting used to silence political dissent.
“The federal government is attempting to make use of the N.S.L. to stamp out sure types of speech,” stated Thomas E. Kellogg, government director of the Heart for Asian Regulation at Georgetown College. “This can be a core operate of the federal government’s use of the N.S.L. over the previous 15 months. Because the case in opposition to Ma exhibits, prosecutors proceed to deliver severe costs in opposition to individuals who say issues that the federal government doesn’t like.” [Source]
Thanks @laiyanhoeric for becoming a member of me on @taiwanplusmedia once more at this time to debate yesterday’s Nationwide Safety Regulation verdict.
As Lai says, that is such a disturbing case as a result of the conviction was primarily based purely on speech crime and the court docket threw out arguments about human rights. pic.twitter.com/oe1FoUPpdX
— Ryan Ho Kilpatrick 何松濤 (@rhokilpatrick) October 26, 2021
Wonderful piece by @nytimesworld @austinramzy on the HK NSL, with a give attention to the latest Ma Chun-man conviction. (A couple of feedback from me on the usage of the regulation to focus on political speech.) Extra responsible verdicts to come back? https://t.co/j4myT1WV7g
— Tom Kellogg (@tom_kellogg) October 26, 2021
Restrictions on freedom of speech have been increasing beneath the NSL. On Sunday, the Commonplace Chartered Hong Kong marathon was marred by censorship. Helen Davidson on the Guardian described how proper earlier than the race started, quite a few runners have been prohibited from collaborating as a result of displaying “political” symbols or slogans:
Hong Kong marathon runners have been ordered to cowl up “political” slogans and tattoos earlier than being allowed to compete on the first main sporting occasion on the island in nearly two years.
Based on native media experiences, runners reported being instructed to cowl up or take away slogans, together with idioms like “add oil” – a phrase which was extensively heard through the 2019 protests however can be a ubiquitous time period of encouragement.
Hong Kong’s Citizen Information reported one runner was escorted to a altering sales space by police throughout a safety examine, and instructed to vary her shorts due to a small printed slogan on the facet which was deemed “political”. One other man was reportedly instructed to cowl his tattoos in tape. [Source]
Hong Kong police inform marathon runners to cowl up ‘political’ clothes and tattoos
The town has develop into a politically hypersensitive surroundings since introduction of nationwide safety regulation. Proscribing freedom of speech & expression is now the norm in HK.https://t.co/Ld1nPhHJ8m
— Battle For Freedom. Stand With Hong Kong. 重光團隊 (@Stand_with_HK) October 26, 2021
“Hong Kong Add Oil” is deemed a “political slogan” by police, the place a runner is requested to interchange her shorts with that emblem. https://t.co/9WWNGCVLQ4
— Alvin Lum (@alvinllum) October 24, 2021
Think about if carrying a pair of #BostonStrong shorts turned a purpose to be kicked out of the BOSTON marathon!
Anybody who isn’t totally disturbed by the information popping out of #HongKong #Tibet & #EastTurkestan is both wildly uninformed or just lacks compassion. https://t.co/GamCaNrHal
— པད་མ་སྒྲོལ་མ། 🌿 (@pema0_o) October 24, 2021
Marathon runners with “Hong Kong, Add Oil” tattoos are made to cowl up their tattoos earlier than persevering with with the race. This yr’s run has remodeled into an impediment course, with a big police presence in the beginning and alongside the course. What a waste of taxpayer {dollars}. https://t.co/nxJvwQRrGK pic.twitter.com/sK69L8vHib
— Ok Tse (@ktse852) October 24, 2021
Value stressing how generic the slogan 香港加油 is. It is principally simply “Go Hong Kong!” and has been utilized by everybody. Right here it’s attributed to then-CE Donald Tsang through the Beijing Olympics after which vice premier Xi Jinping on an inspection tour forward of these video games https://t.co/O5o9W0wNM4 pic.twitter.com/UjXLlgRoET
— Austin Ramzy (@austinramzy) October 24, 2021
The chair of the marathon organizing committee, William Ko, acknowledged, “This can be a sports activities occasion and we don’t want to see any political component.” However the controversy was additional infected when the organizers determined to chop brief their post-race press convention after repeatedly deflecting reporters’ questions on censorship. Andrew McNicol and Nick Atkin on the South China Morning Put up described the scene on the press convention:
Media members continued to ask questions asking what was political in regards to the phrases “Hong Kong”, and whether or not the choice to ban them was made by the Hong Kong Affiliation of Athletics Associates (HKAAA), the marathon organisers or the federal government.
However Ko started his response to all the questions by repeatedly saying: “I’ve already stated this very clearly”, earlier than repeating his opening assertion.
[…] Reporters requested once more why “Hong Kong add oil” or comparable slogans have been deemed uncomfortable or objectionable, and if there can be clothes checks at future marathons.
[…] A public relations official turned concerned, saying “this query has been answered a number of instances by Mr Ko … in case you have some other questions, please be happy to ask them”.
When media members endured to ask about slogans, the official abruptly ended the press convention. [Source]
Within the wake of the press convention, Tom Grundy on the Hong Kong Free Press reported on Commonplace Chartered’s refusal to help free speech:
When requested if Commonplace Chartered supported free speech in Hong Kong, a spokesperson for the British financial institution stated they “don’t have any touch upon this.”
The financial institution equally wouldn’t touch upon whether or not it could help runners focused by police, or whether or not it could sponsor the occasion subsequent yr.
[…] In an announcement final June, Commonplace Chartered stated it believed “the nationwide safety regulation might help preserve the long run financial and social stability of Hong Kong.” [Source]
Wobbling? ‘When requested if Commonplace Chartered supported free speech in Hong Kong, a spokesperson for the British financial institution stated they “don’t have any touch upon this.”’ And the press convention was minimize brief when journalists requested in regards to the slogans. https://t.co/k7wwdCM2xp
— Eric Wishart (@EricWishart) October 26, 2021
Reply unspeakable
UK financial institution Commonplace Chartered declines to say if it helps free speech in Hong Kong after Commonplace Chartered marathon runners have been focused by police and made to cowl tattoos or change garments bearing slogans equivalent to “come on Hong Kong”https://t.co/9JxuUvlFrV
— Charles Mok 莫乃光 (@charlesmok) October 26, 2021
Yet one more restriction on free speech emerged on Wednesday, when the Hong Kong legislature handed a brand new movie censorship regulation, ostensibly to guard nationwide safety. Jessie Pang from Reuters defined the contents of the regulation, which incorporates hefty fines and even jail sentences for organizers of unauthorized movie screenings:
The Hong Kong authorities stated the movie censorship regulation was aimed toward content material deemed to “endorse, help, glorify, encourage and incite actions that may endanger nationwide safety.”
The regulation empowers Hong Kong’s chief secretary, the second-most highly effective determine within the metropolis’s administration, to revoke a movie’s licence whether it is “discovered to be opposite to nationwide safety pursuits.”
Punishment for violating the regulation included as much as three years imprisonment and fines of as much as HK$1 million ($128,400). [Source]
The regulation denotes violations utilizing a broad phrase, “opposite to nationwide safety pursuits.” Equally obscure or overly broad phrases have been utilized in an growing variety of laws associated to the NSL. Whereas the regulation doesn’t handle movies disseminated on-line, some lawmakers hope that the measures will quickly be prolonged to on-line platforms. Authorities are additionally in a position to use the regulation retroactively to censor movies that have been beforehand granted approval. Kelly Ho from the Hong Kong Free Press famous the extra powers given to movie censorship authorities beneath the brand new regulation:
An inspector authorised by the censorship company may additionally enter and search premises with out a warrant when they’re attempting to halt an unauthorised movie screening or publication, whether it is “not moderately practicable” to acquire a warrant.
[…] Native movie censors might ask for as much as 28 days to evaluation movies which will contain nationwide safety issues. Filmmakers might not problem the censorship physique’s determination, as the brand new laws will bar the Board of Assessment from reconsidering selections made on nationwide safety grounds. [Source]
Filmmaker Kiwi Chow, whose documentary @RoOT_film chronicles the 2019 protests and was featured at this yr’s @Festival_Cannes, says the invoice hurts the native film business by decreasing “the liberty to create.”
“It should worsen self-censorship and gasoline worry amongst filmmakers.”— Jessie Pang (@JessiePang0125) October 27, 2021
Baking such censorship into regulation have been “dictatorial manoeuvrings designed to undermine a vibrant Hong Kong movie tradition,” stated Joseph Lee, director of the World Asia Institute at Tempo College in New York, who has revealed two papers on Hong Kong cinema.
— William Yang (@WilliamYang120) October 27, 2021
“It’s arduous to think about how movie administrators, government producers and actors might keep politically impartial as a result of China’s definition of politics focuses narrowly on any opinion and motion regarded as a safety menace,” he stated.
— William Yang (@WilliamYang120) October 27, 2021
The regulation is a end result of months of intensifying movie censorship in Hong Kong. Non-public gatherings that aired each political and non-political movies have been raided by police. Movie administrators have fled overseas to flee the NSL. The Arts Improvement Council pulled a 700,000 Hong-Kong-dollar grant to an NGO run by the unbiased filmmakers who launched “Contained in the Purple Brick Wall,” a documentary on the 2019 siege of Hong Kong Polytechnic College. For the primary time since 1969, the Oscars weren’t broadcast in Hong Kong. In her Tuesday press briefing, as reported by Bloomberg, Hong Kong’s Chief Govt Carrie Lam appeared glad with the town’s evolution, stating that the Legislative Council had “delivered a superb efficiency” and “executed very well when it comes to legislative amendments and proposals” this yr.
#井底之蛙 Hong Kong pro-Beijing legislator stated in defence of latest regulation censoring movies on nationwide safety grounds that “for @Snowden‘s exposing of US govt surveillance, if his story is made into motion pictures within the US, I believe they will be banned too.” #CitizenFour acquired an Oscar the truth is. pic.twitter.com/t86javC6Zk
— Charles Mok 莫乃光 (@charlesmok) October 27, 2021
Tonyee Chow Cling-tung, the vice-chair of the Hong Kong Alliance in Help of Patriotic Democratic Actions of China, is one other sufferer of the criminalization of free speech in Hong Kong. Chow was charged on September 9 with “inciting subversion” beneath the NSL for her position on this yr’s June 4 vigil. She pleaded not responsible and argued that the cost violates her freedom of speech. Her case has been adjourned to January 25, 2022, till which period she stays in custody. In a speech to the court docket, she reiterated her opposition to a cost that stifles her proper to freedom of speech:
What I’m doing is passing on a convention, giving a voice to odd folks, doing the whole lot that an odd Hong Konger want to do at a time like this, and never permitting the regime to monopolize the reality. If the court docket desires to make use of the time period “incite,” it could be higher to say that the folks of Hong Kong “incited” me to do that, to behave in line with my conscience. Even when I’m to be punished for it, I’ve no regrets. [Chinese]
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