The Impact of Colonial-Era Sedition Law on Ordinary People in Hong Kong

The erosion of political freedoms and rights in Hong Kong has been highlighted by recent cases of ordinary citizens being caught in the legal dragnet, as authorities resurrect the use of a colonial-era sedition law.

One such case is that of 23-year-old Mika Yuen, who was sentenced to two months over Instagram messages advocating for Hong Kong independence while studying in Japan. Initially arrested under the National Security Law (NSL), her charges were later changed to sedition, making her the first to be convicted for actions taken outside of Hong Kong.

Similarly, single mother Law Oi-wah was convicted for sharing pro-democracy slogans on Facebook and was denied bail. Her 12-year-old son pleaded for her release at her sentencing, but she was ultimately jailed for four months.

These cases have raised concerns among legal experts, with Chinese University of Hong Kong law professor Michael Fisher noting that basic freedoms such as freedom of expression and demonstration have been effectively eroded or destroyed in Hong Kong.

The situation is further complicated by the fact that many legal professionals, including lawyers and judges, have left Hong Kong in recent years. This has led to a shrinking pool of legal talent, with some defendants having to proceed without lawyers or accept prosecutors as their public defenders due to a lack of confidence in assigned legal representation.

As Hong Kong grapples with these challenges, questions remain about the protection of citizens’ rights under the city’s constitution, the Basic Law, and the extent to which the National Security Law has superseded these rights.