Maintain the original verdict on this Hong Kong independence activist! Lv Shiyu | National Security Law | Molecular

The Hong Kong Court of Final Appeal issued a verdict on the morning of the 22nd, unanimously rejecting the appeal of L ü Shiyu, a student of the Hong Kong Polytechnic University, for inciting and promoting "Hong Kong independence" on social media platforms, and upholding the original sentence of 5 years. The defendant is required to continue serving their sentence.

This is the first final appeal against the grading system of sentences in Hong Kong's National Security Law.

The picture shows the Hong Kong Court of Final Appeal Building. Photo by Chen Yongnuo, journalist from China News Network

26 year old Hong Kong student committing the crime of secession

According to the data, the defendant Lv Shiyu is 26 years old and was arrested on September 24, 2020. When arrested, the police found air guns, telescopic rods, knives, and other items of pepper balls in his home. The defendant later stated in the meeting records that these items were mostly used for playing field games. But the police found that the defendant had posted twice on social media in September 2020 selling pepper ball air guns.

In addition, the defendant is also one of the managers of a "Hong Kong independence" public channel on social media Telegram. The posts and reposts on this channel are mostly about inciting violence and selling equipment to protesters to counter the police. The defendant has also made multiple comments on the channel regarding "Hong Kong independence".

In 2022, the defendant admitted during the trial of the case to inciting others to organize, plan, carry out or participate in acts aimed at dividing the country and undermining national unity.

The picture shows the Hong Kong Court of Final Appeal. Photo by Chen Yongnuo, journalist from China News Network

Hong Kong National Security Law:

Those who incite serious acts of separatism in the country

Sentenced to imprisonment of more than five years

According to the Hong Kong National Security Law, anyone who incites, assists, instigates, or uses money or other property to support others in carrying out acts aimed at dividing the country or undermining national unity is considered a crime. Those with serious circumstances shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years; Those with minor circumstances shall be sentenced to fixed-term imprisonment of not more than 5 years, criminal detention, or public surveillance.

In addition, Hong Kong's National Security Law stipulates that if there are three situations: automatic abandonment of crime, automatic surrender, and exposure of criminal behavior by others, the punishment can be lighter or mitigated. Those who commit minor crimes can be exempted from punishment.

During the trial of this case, the defendant believed that they should receive a one-third reduction in sentence after pleading guilty, but the prosecution pointed out that the case was "serious" and the defendant's request for a reduction in sentence should not be approved. The defendant was ultimately sentenced to 5 years in prison.

Hong Kong Court of Appeal:

The pleading factor should be prioritized

Articles of Hong Kong National Security Law

The defendant appealed against the verdict and hoped to reduce the sentence, but was rejected by the Court of Appeal of the Hong Kong High Court. The appellate court believes that the pleading factors recognized by local law must be consistent with the legislative purpose of effectively punishing acts that endanger national security in Hong Kong's National Security Law. In case of inconsistency, priority should be given to the provisions of the Hong Kong National Security Law. Even if the defendant pleads guilty in a timely manner, the sentence cannot be reduced below the minimum sentence requirement.

In addition, the three conditions for commutation listed in Article 33 of the Hong Kong National Security Law, namely automatic renunciation of crime, automatic surrender, and exposure of criminal acts by others, have been fully listed, but none of them involve confession, which can result in a reduction in sentence, which belongs to the principle of common law cases. Maintain the defendant's sentence of 5 years in prison.

Hong Kong Court of Final Appeal:

The conditions for commutation have been included in Hong Kong's National Security Law

"List everything to the fullest"

After losing the appeal, the defendant once again applied to appeal to the final court and filed a final appeal on two legal issues. How to properly interpret Article 21 of the National Security Law, which states that "if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years", especially whether the provision of "imprisonment of not less than 5 years" is mandatory; And whether the three conditions for commutation specified in Article 33 of the National Security Law have been fully listed, and whether there are any other pleading factors in the provisions that can be used for commutation.

In the final judgment of the court on the 22nd, it reiterated the interpretation method of Hong Kong's national security law provisions and the principle of connection with local laws. Believing that the defendant's claim is "untenable.". And the defendant's timely confession does not fall under the circumstances of reducing the sentence under Hong Kong National Security Law, therefore the defendant's appeal is dismissed.

It is worth mentioning that according to judicial institutions, this appeal case was heard by Chief Justice Zhang Juneng, Permanent Judges Li Yi, Huo Zhaogang, Lin Wenhan, and Non permanent Judge Chen Zhaokai. All five judges were local judges, making it the second national security law final appeal case after the bail case of Lai Chih ying without the participation of overseas non permanent judges.