The first sentencing under Hong Kong’s new Article 23 national security law (officially called the Safeguarding National Security Ordinance) occurred this week, as a man was sentenced to 14 months imprisonment for wearing a “seditious” t-shirt. Chief Magistrate Victor So Wai-tak, handpicked by the government to handle national security cases, stressed that the protection of the country was the “fundamental,” “foremost,” and “essential” consideration in sentencing offenders for sedition. Critics, however, view this case as an excessive violation of free expression. James Lee from the Hong Kong Free Press reported on this first conviction for sedition under the new law:

Chu Kai-pong, 27, was convicted on Monday after he pleaded guilty to one count of “doing with a seditious intention an act or acts that had a seditious intention,” under the Safeguarding National Security Ordinance, known colloquially as Article 23.

He was arrested on June 12 while wearing a T-shirt with a 2019 protest slogan on it, “Liberate Hong Kong, revolution of our times,” which has been ruled to carry secessionist connotations – an offence under a security law imposed by Beijing in 2020.

Chu was also wearing a yellow mask printed with the letters “FDNOL” when he was arrested, an acronym for another protest slogan, “five demands, not one less,” which referred to the movement’s demands.

Magistrate Victor So on Thursday ruled that Chu had intended to disrupt the peace and stir up hatred against the Hong Kong government. [Source]

In January, Chu was sentenced under the old colonial-era law and given a three-month jail sentence for wearing a t-shirt emblazoned with the slogan FDNOL. This time, Chu wore his t-shirt for only 25 minutes before he was arrested. Chief Magistrate So said Chu was “evidently unwilling to reform.” The ruling was criticized by Hong Kong Watch and other rights groups. Amnesty International’s China Director Sarah Brooks called it a “blatant attack” on freedom of expression:

“Just when you thought the human rights situation in Hong Kong couldn’t get any bleaker, a man is condemned to more than a year in prison just because of the clothing he chose to wear. This is a blatant attack on the right to freedom of expression.

“The conviction and sentencing of Chu Kai-pong over his choice of clothing also highlights the sheer malice of Hong Kong’s new Article 23 law, which expands the Government’s powers to punish so-called ‘seditious’ acts.

“Chu Kai-pong is the first person convicted under this legislation, but its vague wording, vast scope and repressive nature leaves Hong Kongers fearing that he will not be the last. We once again urge the Hong Kong authorities to repeal this law. [Source]

As Chu’s repeat offense demonstrates, not everyone has been deterred by the new national security laws. This week, an elderly Hong Kong activist who recently completed a jail term for a sedition offense vowed to continue protesting on China’s upcoming October 1 National Day. Meanwhile, in a separate case on Thursday tried by the same magistrate as Chu, a second person was sentenced for sedition under Article 23. Jessie Pang reported for Reuters:

Magistrate So later sentenced another Hong Kong man, Chung Man-kit, 29, to 10 months in prison in a separate security case on Thursday.

“The content of the seditious words in this case involves advocating that the Hong Kong government to break away from the legitimate control of the central government and implement his ideas in a way that undermines social tranquility and public order,” So said.

The law must intervene otherwise there was a risk of society “falling into chaos again,” So said.

Chung on Thursday pleaded guilty to three counts of seditious acts for writing slogans advocating Hong Kong independence and “Liberate Hong Kong, revolution of our times” on the back of bus seats in March and April. [Source]

Under Article 23, the maximum sentence for sedition was increased from two to seven years in jail and ten years if the offender is found to have colluded with an “external force.” It also punishes five other categories of crime: treason, insurrection, sabotage, espionage, and external interference. As of this month, 303 people have been arrested under Hong Kong’s National Security Law and Article 23, with 176 prosecuted and 160 convicted. A U.K. government report published this week stated that “the continued focus on any perceived threat to national security is undermining Hong Kong’s international reputation.”