In what appears to the first case involving a Hong Kong defendant's social media posts made while outside China's territory, a student has been sentenced to two months in prison for posts authorities found incendiary and in violation of a colonial-era law.
Yuen Ching-ting, 23, went to Japan in 2018 to study at the University of Tokyo, the nation's top-ranked school. She returned to Hong Kong from Tokyo at the end of February to renew her identity card and was arrested and detained a day before she was scheduled to return to Japan on March 8.
Authorities later charged her with "incitement," according to the Japan Times, quoting the South China Morning Post. She was released on bail in June.
The posts in question promoted "Hong Kong independence" and "destruction of the Communist Party of China."
According to the Hong Kong prosecutor, police found 13 inflammatory remarks or photos the defendant published on the social media platforms Facebook and Instagram between September 7, 2018, and May 14, 2022.
The posts were seen as inciting "hatred or contempt" toward the central government in Beijing and the authorities in Hong Kong. Four of the posts were published before the Hong Kong National Security Law took effect on June 30, 2020. Eleven posts were made in Japan.
Police deleted the posts after Yuen's arrest. She pleaded guilty to "doing an act or acts with seditious intention" and was sentenced on November 3 to two months in prison.
The case renewed attention on China's willingness to attempt to enforce its laws beyond its borders and Beijing's continuing crackdown in Hong Kong on freedom of expression.
Tomoko Ako, a professor specializing in sociology and China studies at the University of Tokyo, told the Japan Times, "Even the idea that you could go to prison for such matters should be concerning."
"This verdict sets a precedent, serving as an example and a case to refer to — similar cases are likely to arise in the future and a similar judgment will be required," Ako said.
During sentencing at West Kowloon Court, the defense said the posts did not attract many likes and comments, so their influence was limited.
The judge said that when crimes are committed on the internet, illegal information can be disseminated quickly and widely, with considerable continuity and permanence.
The judge also said that although one of the posts contained text in Japanese, in which the defendant expressed her advocacy for Hong Kong independence, residents in Hong Kong who can read Japanese could understand the message.
The judge added that the court must use deterrence as the primary consideration in sentencing to stop the spread and penetration of ideas promoted by inflammatory behaviors in society that would bring risks and consequences that undermine social peace.
Barrister Frankie Siu, who did not represent Yuen in the case, told VOA Cantonese the judge could have considered an alternative to imprisonment, such as probation or social service, given Yuen's age and lack of a criminal record.
The maximum penalty for the charge of "doing an act or acts with seditious intention" is a fine of about $640 (5,000 HK dollars) and two years' imprisonment for a first-time offender.
The charge stems from Hong Kong's history as a British colony from 1842 until July 1997 when the territory reverted to China.
After the National Security Law took effect on June 30, 2020, the Hong Kong government used the "incitement crime" for the first time in decades to arrest Tam Tak-chi, the former vice chairman of the People Power, a populist and radical democratic political party. He was found guilty of 11 charges, including "publishing seditious texts," and sentenced to 40 months in prison on April 20, 2022.
Benson Wong Wai-Kwok, former assistant professor of political science at Hong Kong Baptist University, who now lives in the U.K., told VOA Yuen's case would serve as a warning to overseas Hong Kongers that they need to think more carefully about returning to Hong Kong.
Wong said, "You don't know whether you can leave Hong Kong smoothly even if you enter Hong Kong smoothly. The second thing is that precisely because of this chilling effect, overseas Hong Kong people should actually be more concerned about the entire judicial system in Hong Kong."
Adrianna Zhang contributed to this report.
