Hong Kong nat. security police charge man over ‘seditious’ posts 3 months after unannounced arrest

Hong Kong national security police have charged a man for allegedly making “seditious” online posts, revealing the case nearly three months after his unannounced arrest.

The police National Security Department said on Friday that a 52-year-old man was charged on Wednesday with “knowingly publishing publications that had a seditious intention,” in violation of the Safeguarding National Security Ordinance, locally known as Article 23.

“Investigation revealed that the arrested man was suspected of repeatedly publishing posts with seditious intentions on online social platforms, with content provoking hatred towards” Beijing, the Hong Kong government and judiciary, police said in a statement.

The man appeared at West Kowloon Magistrates’ Courts to face the charge on Wednesday, which carries a maximum penalty of seven years in prison, police said.

He was arrested on July 9 in Eastern District, according to the police. His arrest was not made known to the public at that time.

Independent legal news outlet The Witness identified the man as Law Yiu-fai. His case has been adjourned to December 15, when he is expected to enter a plea, according to the judiciary.

While police usually publicise arrests related to national security offences, Law’s is the second case in recent months to be made public only after a formal charge was brought.

Last month, a 61-year-old woman was charged with displaying publications with seditious intent outside her Tin Shui Wai flat between March and November 2024.

As with Law, Yeung’s case was only revealed after she appeared in court. It was unclear when she was arrested.

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.

As of September 1, authorities had arrested 416 people for various national security crimes, with 186 of them convicted, according to the Security Bureau.

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