Nat. security case against political commentator to move to higher court, raising max. penalty to 7 years’ jail

2026-01-25 - 21:07

A Hong Kong political commentator charged with disclosing details of a national security investigation is to have his case transferred to the District Court, where he could face up to seven years’ imprisonment if convicted. Wong Kwok-ngon in a YouTube video posted on December 2, 2026. Screenshot: On8 Channel – 王岸然頻道, via YouTube. Wong Kwok-ngon, known by his pen name Wong On-yin, appeared at the West Kowloon Magistrates’ Courts on Tuesday. The 71-year-old does not have a lawyer and is representing himself. He was arrested in December for allegedly divulging in a YouTube video details of enquiries made by police during a national security investigation. Victor So, a hand-picked national security judge, adjourned the case to February 23 for the prosecution to prepare documents for transferring the case from the magistrates’ court to the District Court. The District Court can hand down jail terms of up to seven years, while sentences at the magistracy are generally limited to two years. When Wong was asked if he understood that proceedings would be adjourned to give time for the prosecution to prepare for the transfer of the case, he said in Cantonese: “[I] completely understand.” The Hong Kong Police Force emblem outside the police headquarters in Wan Chai. File photo: Candice Chau/HKFP. Then, Wong asked the judge: “Are you Victor So?” adding that he had sent a letter to Chief Justice Andrew Cheung two weeks ago to complain about him. He asked whether So had received the letter. So said he had not received nor heard about the letter. The judge said that there were mechanisms to handle complaints. The defendant, who has been remanded since his arrest, applied for bail on Tuesday, but it was denied by So. The judge said he was not assured that Wong would not continue to endanger national security if released on bail. The offence of divulging information related to a national security investigation falls under the homegrown security law known as Article 23. It was added to the ordinance last May as part of subsidiary legislation. Wong is the first to be charged under the new law. Victor So. Photo: Judiciary. The commentator was also charged with sedition over videos posted on YouTube between January 3 and December 6 last year, with the prosecution alleging that they were made with the intention to incite hatred against the central government and the city’s authorities. Article 23 Separate from the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city’s opposition-free legislature. The law has been criticised by rights NGOs, Western states and the UN as vague, broad and “regressive.” Authorities, however, cited perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.