After 156 days of hearings, Jimmy Lai Chee-ying’s case finally came to a close with the former media boss sentenced to 20 years of imprisonment. Western media and critics will no doubt say, what a harsh sentence for a “democracy advocate” and “freedom fighter”.
However, Lai was not accused of fighting for freedom or demanding democracy in Hong Kong. His crimes were not even about his avowed hatred of the Communist Party. Western critics may be surprised to hear that hating the Communist Party is not a crime in Hong Kong. It merely provides a motive to commit certain clearly defined crimes against national security.
Lai was convicted on a count of conspiracy to spread seditious articles and two conspiracy counts of collusion with foreign forces. The sedition charge was brought under a law enacted by the British during Hong Kong’s colonial days. The charge has nothing to do with any criticisms of the Hong Kong government but specifically required proof of an intention to incite the public to “bring into hatred or contempt or to excite disaffection” against the central and Hong Kong governments.
Few will disagree that freedom of speech is not limitless. The law on libel is a good example. It is universally accepted that freedom of speech should not extend into realms of doing harm to the reputation of others, let alone promoting hatred.
In Lai’s case, any discussion of this charge must be viewed in the light that under the sedition law, the maximum punishment of a first offender is two years. Lai’s sentence is set to last longer than two years, so in that sense, the sedition charge is the least relevant.
The collusion charge is very different. It is a far more serious offence carrying a maximum sentence of life imprisonment. Under the Hong Kong national security law, collusion includes seeking help from or calling on a foreign power to sanction one’s own country. Regardless of one’s view, it is hard to argue that such an act is not treasonous in nature and hence plainly falls within the internationally well-recognised concept of national security.
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