CHINA / SOCIETY
2nd person in HK convicted under national security law for inciting secession; 'justified ruling signals deterrence'
Published: Oct 26, 2021 12:55 AM
The Chinese national flags and the regional flags of the Hong Kong Special Administrative Region are seen in Hong Kong on October 1, 2021.Photo: CFP

The Chinese national flags and the regional flags of the Hong Kong Special Administrative Region are seen in Hong Kong on October 1, 2021. Photo: CFP



Ma Chun-man, a 31-year-old man with the nickname of "second generation Captain America" who constantly advocated for "Hong Kong independence" in anti-government movements has been convicted of inciting others to commit secession. A local judge will announce the sentence in November, Hong Kong media reported.  

From August to November in 2020, Ma, who usually dressed as the Marvel Comics character at the street protests in Hong Kong, shouted out slogans in public places 20 times and advocated for "Hong Kong independence" when talking to the press. He is the second person to be found guilty under the national security law for Hong Kong, according to local media reports. 

District Court judge Stanley Chan Kwong-chi pointed out that in a society ruled by law, there's no unconscionable freedom. While the suspect claimed that the act of shouting out the slogans did not violate the national security law for Hong Kong, the judge considered that this was just an excuse for his behavior. Such a claim does not mean he truly understands the law, according to hk01.com. 

Also, even though no one responded as he shouted the slogan, it does not mean it was not illegal. Ma did not list ways to pursue secession, but he appeared to be on a political mission, pushing more local residents in Hong Kong to believe in "Hong Kong independence." 

"The conviction is justified as his intention was clearly to incite secession and he put this intention into action by continuous utterances and summoning others to follow suit," Lawrence Ma, barrister and chairman at Hong Kong Legal Exchange Foundation, told the Global Times on Monday. 

Article 20 in the national security law for Hong Kong  clearly states that a person can be charged for the offence of secession even if there is no act of violence, Ma said. 

Sentencing was adjourned to November 11. 

Ma, the suspect, also noted during the hearing that he wanted to be a "touchstone" for the implementation of the national security law for Hong Kong. However, some legal experts said there's no need for a so-called "touchstone," as social stability has been restored in Hong Kong since the chaotic situation in 2019. 

"Hong Kong is a city under the rule of law. No matter who violates the law for whatever purpose, he will be punished, as politics needs to be put aside from justice," Louis Chen, a member of the All-China Youth Federation and general secretary of the Hong Kong Legal Exchange Foundation, told the Global Times on Monday.

Leon Tong Ying-kit, the first person convicted under the national security law for Hong Kong in July, was sentenced to nine years in prison due to separatism and terrorist activities, which was hailed by legal experts as a combination of deterrence and fair penalty, setting an example for upcoming national security-related cases.