Hong Kong police have arrested a man and a woman under sedition law for allegedly falsifying a suicide note associated with a recently deceased university professor and setting up memorials to incite hatred towards authorities.
According to the police, initial investigations revealed that the woman, 28, was suspected of forging the professor’s suicide note, while the man, 41, was found to have placed light boxes at various locations.
The duo was arrested for allegedly acting with seditious intent and violating Section 24 of the Safeguarding National Security Ordinance.
Police reported that they had searched the homes of the arrested individuals with a court warrant and seized lightboxes, materials for making light boxes, and relevant electronic communication devices. The suspects are currently being held for investigation.
A suicide note that led to invoking of sedition law
The national security police indicated that the woman is suspected of publishing fraudulent “last words” of the deceased in connection with a recent suicide case, while the man is suspected of persistently placing memorial light boxes with content that incites hatred towards the central authorities and the Hong Kong Special Administrative Region’s government.
Professor Li Hin-wa of City University (CityU) passed away last Sunday after being struck by a train at Kowloon Tong Station. An apparent suicide note circulating online claimed he had lost hope in Hong Kong and had not experienced a happy day since the 2019 anti-government protests.
It was reported that an investigation revealed that the man, who reportedly had no full-time job, read the professor’s forged suicide note online and then used his motorcycle to place light boxes with inciting messages near the university campus. The woman allegedly posted screenshots of the note on social media platforms, including the Reddit-like LIHKG. The two individuals did not know each other, the source added.
Police mentioned that they had not ruled out the possibility of further arrests as additional inspections were planned for Saturday afternoon. Under the ordinance, which was enacted under Article 23 of the Basic Law, the maximum penalty for the offense is seven years in prison.
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Two journalists convicted under sedition law
On Thursday, a Hong Kong court convicted two former editors of a now-closed news outlet in a sedition case, which is viewed as a significant indicator for the future of media freedoms in a city once considered a stronghold of free press in Asia.
The trial of Chung Pui-kuen, the former editor-in-chief of Stand News, and Patrick Lam, the former acting editor-in-chief, marked Hong Kong’s first media-related case since the city reverted to Chinese rule in 1997.
Stand News, which ceased operations in December 2021, had been among the few media outlets in the city that openly criticized the government amid a crackdown on dissent following the large pro-democracy protests of 2019.
The outlet was shut down a few months after the pro-democracy Apple Daily newspaper, whose imprisoned founder Jimmy Lai is contesting collusion charges under a broad national security law introduced in 2020.
Chung and Lam had denied the charges of conspiracy to publish and reproduce seditious publications—accusations brought under a colonial-era sedition law increasingly used to suppress dissent. They face potential penalties of up to two years in prison and a fine of 5,000 Hong Kong dollars (approximately $640) for a first offense.
A colonal vestige undermining free speech
The sedition law, a remnant of Hong Kong’s British colonial era, remained unused for over 50 years until it was revived after the 2019 extradition bill protests and unrest.
Together with the national security law imposed by Beijing, it is increasingly applied against alleged security threats. However, some critics argue that it serves as a deterrent to free speech and legitimate criticism of the administration. The sedition law criminalizes incitement to violence, disaffection, and other offenses against the administration. In contrast, the national security law, enacted in June 2020, makes subversion, secession, collusion with foreign powers, and terrorist acts criminal offenses.
Although the sedition legislation is part of the Crimes Ordinance and falls under regular criminal law, elements of the national security law can also appear in sedition cases.
Last December 2021, following an appeal by a former speech therapist accused of publishing “seditious” children’s books, the Court of Final Appeal determined that the stricter bail standards under the national security law also apply to other security-related cases such as sedition. Both sedition and national security law cases are handled by judges specifically chosen for these cases. Defendants in national security law cases are denied the right to a jury trial and instead appear before a panel of three High Court judges.
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