A 16-year-old boy has been sentenced to three and a half years in prison for conspiring to commit secession by “actively participating” in a Taiwan-based group that advocates Hong Kong independence.
District Court. Photo: Kelly Ho/HKFP.The defendant, whose name was not disclosed as he is a minor, faced sentencing at the District Court on Monday.
He had earlier pleaded guilty in October to the charge in relation to his involvement in the Hong Kong Democratic Independence Union, which was declared a “prohibited organisation” by local authorities earlier this month.
According to local media, District Judge Ernest Lin rejected the defence plea in October that the teenager should be considered as “other participants” – the least culpable category in a three-tier sentencing regime outlined under the Beijing-imposed national security law.
The judge said that the defendant had actively participated in promoting the pro-independence group, founded by wanted activist Alan Keung.
The teenager’s actions helped the group engage in secessionist activities, and his culpability ranked just below that of the group’s founder, the judge said.
The court heard in October that the defendant had contacted Keung via WhatsApp and offered to help with the group’s operation. He told the founder that he wanted to establish an “intelligence department” to collect information about Hong Kong police officers. He also made suggestions for the group’s naming and logo design.
The teenager took part in six online meetings with the group between January and March in 2024, and circulated three posts on social media relating to Hong Kong Parliament, an overseas political organisation also banned in the city after authorities declared it subversive.
The logos of the Hong Kong Parliament (left) and the Hong Kong Democratic Independence Union. Photos: Facebook.The court found no evidence to suggest that the defendant, who was 15 when he committed the offence, broke the law because he was young and naïve. He was also not “misled” into offending, Lin ruled.
The court did not accept the teenager’s autism as a factor to reduce his sentence. He was given a one-third discount for his guilty plea and an additional two-month discount for his young age.
He was eventually jailed for 42 months.
The teenager was charged alongside two other men, who were also involved with the Hong Kong Democratic Independence Union. The two men were remanded in custody pending their next court appearance on January 22.
On December 2, Hong Kong invoked Section 60(1) of the Safeguarding National Security Ordinance – the homegrown security law also known as Article 23 – for the first time to ban the operation of the Canada-based Hong Kong Parliament and the Hong Kong Democratic Independence Union.
The government said the objectives of the two groups included promoting “self-determination” and overthrowing or undermining the basic system of the People’s Republic of China.
HK Parliament website. Photo: Screenshot.In July, Hong Kong authorities announced that 19 overseas activists – including Keung – were wanted for organising or participating in the Hong Kong Parliament, and placed HK$200,000 bounties on 15 of them for information leading to their arrests. The remaining four already had bounties of HK$1 million each on their heads for other alleged national security crimes.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.
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.
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