First two convictions under Article 23 legislation: 14 and 10 months’ imprisonment for wearing and writing ‘seditious’ pro-democracy slogans

Today, the West Kowloon Magistrates’ Courts in Hong Kong issued the first sentencing under the Safeguarding National Security Ordinance (SNSO), known colloquially as ‘Article 23 legislation’. Chu Kai-pong, at 27 years of age, has been handed a 14-month jail sentence for wearing a “seditious” T-shirt for 25 minutes. 

Magistrate Victor So ruled that Mr Chu, in wearing a T-shirt with the slogan ‘Liberate Hong Kong, revolution of our times’, and a yellow mask with an acronym standing for ‘Five demands, not one less’, both phrases ​​associated with the 2019 pro-democracy movement, had intended to “stir up hatred” against the Hong Kong government. 

Mr Chu was arrested on 12 June and convicted on 16 September after he pleaded guilty to one count of “doing with a seditious intention an act or acts that had a seditious intention” under the SNSO.

The sentencing of Mr Chu was followed by that of 29-year-old Chung Man-kit, who was arrested on 23 June under the SNSO for “writing words with seditious intention on multiple occasions on the back of bus seats on different public buses in March and April”. Today he pleaded guilty for three counts of “doing with a seditious intention an act or acts that had a seditious intention,” and was sentenced to 10 months behind bars.

Under the SNSO, which was passed by the Hong Kong government in March 2024 and condemned around the world, sedition carries a maximum penalty of seven years in jail, or 10 years if the offender is found to have colluded with an “external force”. 

The sentence was handed down just ahead of Hong Kong Chief Executive John Lee’s appearance at the British Chamber of Commerce in Hong Kong next week, where he is expected to deliver a keynote address at the ​​‘BritCham Hong Kong Summit 2024’ on economic opportunities for foreign businesses in Hong Kong, despite the severe threat posed to businesses by the SNSO.

Hong Kong Watch absolutely condemns both of these sentences, and urges the international community to issue targeted sanctions against the responsible Hong Kong officials.

Sarah Champion, Labour MP for Rotherham and Hong Kong Watch Patron, said:

“I’m deeply concerned that the British Chamber of Commerce in Hong Kong is inviting Chief Executive John Lee to extol the benefits of Hong Kong while his government throws individuals in jail for wearing ‘seditious’ T-shirts. 

The Chamber should urgently reconsider inviting John Lee to speak at their BritCham Summit next week. Things are far from ‘business as usual’ in Hong Kong, as this sentencing shows, and the Chamber should not offer Lee a platform to justify his draconian crackdown in the name of securing Hong Kong’s prosperity.”

Lord Alton of Liverpool, Crossbench Peer in the House of Lords and Hong Kong Watch Patron, said:

“Chief Executive John Lee said that Article 23 legislation was necessary to counter serious security threats and protect Hong Kong. Now we can see that, according to John Lee, Hong Kong must be protected from the serious threat posed by ‘seditious’ T-shirts.

It is hard to imagine a more perfect demonstration of the paranoia and overreaction of the Lee administration than throwing an individual in jail for over a year for wearing the wrong clothes. The UK government should condemn this farcical abuse of power and, furthermore, ensure that UKVI does not automatically reject the BNO visa applications of Hong Kongers who have been subject to this sort of politically-motivated custodial sentence.”

23條下穿「煽動」上衣被判監14個月、寫「煽動」字句被判監10個月 香港監察促國際社會制裁涉事港官

香港法院今日就首宗涉《維護國家安全條例》（俗稱23條）下新煽動罪的案件判刑。一名27歲男子因今年6月12日身穿印有「光復香港 時代革命」的上衣及配戴印有「F.D.N.O.L」（「五大訴求 缺一不可」口號英文縮寫）的黃色口罩，被控「出於煽動意圖作出一項或多項具煽動意圖的作為」罪。他承認控罪，被判監14個月。

法庭同日就另一宗新煽動罪案件判刑。一名29歲男子被指今年3月和4月在巴士椅背寫上煽動字句，今日在庭上承認三項「出於煽動意圖作出一項或多項具煽動意圖的作為」罪，被判監10個月。

判決在香港行政長官李家超下週出席香港英商會（British Chamber of Commerce in Hong Kong）活動前頒下，預計他將在「2024年英商會香港峰會」（BritCham Hong Kong Summit 2024）上就外商在香港的經濟機遇發表主題演講，而不顧23條對企業構成的嚴重威脅。

香港監察強烈譴責這兩項判決，並促請國際社會點名制裁涉事香港官員。

香港監察贊助人、Rotherham選區工黨下議員柴萍恩（Sarah Champion MP）表示：

「香港英商會邀請特首李家超宣揚香港優勢，而他的政府卻以穿『煽動』T恤為由，將人送入監獄，令我深感憂慮。

商會應緊急重新考慮邀請李家超在下週英商會峰會上發言的決定。正如今次判決所顯示，香港的情況遠非『一切如常』。商會不應為李家超提供平台，讓他證明以確保香港繁榮為名，施行嚴苛打壓的行為屬正當。」

香港監察贊助人、中立上議員奧爾頓勳爵（Lord Alton of Liverpool）表示：

「特首李家超指，為應對嚴重國家安全威脅，保護香港，有必要訂立23條立法。現在我們看到，根據李家超所言，香港有必要受保護，免受『煽動』T恤構成的嚴重威脅。

因穿錯衣服就將人送入監獄一年多，很難想像比這更能完美展現李家超政府的多疑和過度反應了。英國政府應譴責這種荒唐的濫權行為，並且應確保英國簽證暨移民署（UKVI）不會自動拒絕因政治動機而被判監港人的BNO簽證申請。」