Two men detained under Hong Kong’s domestic national security law intend to plead guilty to sedition, but one of them is seeking to challenge the legality of his prosecution.
West Kowloon Court heard on Wednesday Au Kin-wai and Chu Kai-pong were planning to plead guilty respectively to publishing offensive material on social media and wearing seditious clothing in public. Both alleged offences took place earlier this year.
But Kwan said his other client Au, 58, would only plead guilty if the sedition offence was held to be consistent with the human rights safeguards under the Basic Law, the city’s mini-constitution.
Chief Magistrate Victor So Wai-tak suggested the landmark ruling by the Court of Appeal earlier this year would still play a prominent role in his determination on the issue.
Chu was accused of wearing a T-shirt that said “Liberate Hong Kong; revolution of our times” and a yellow mask printed with the character “FDNOL”, an apparent reference to the “five demands, not one less” protest slogan originating from the 2019 social unrest, on June 12.
Au allegedly posted videos on his social media profiles between March and June promoting a “revolution” against the central government and calling for Chinese President Xi Jinping and Hong Kong leader John Lee Ka-chiu to “step down”.
Sedition is punishable by up to seven years’ imprisonment under the national security ordinance, and up to 10 years if the act involves collusion with an “external force”, such as a foreign government or organization or anyone representing it.
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