A life sentence for someone convicted of a national security crime is warranted, Hong Kong’s law experts said on Monday, citing the seriousness of such offenses.
They made the comments after news reports on Sunday quoted a Hong Kong deputy to the country’s top legislature as saying a possible punishment for violating the national security law in Hong Kong is life imprisonment.
Executive Councilor Ronny Tong Ka-wah said offenses related to national security are serious crimes that are far more serious than rioting and participating in unlawful assemblies. According to the Crimes Ordinance in Hong Kong, treason and incitement to mutiny are both offenses punishable by up to life imprisonment.
According to the Crimes Ordinance in Hong Kong, treason and incitement to mutiny are both offenses punishable by up to life imprisonment
Speaking on a local radio program on Monday, the barrister said those convicted of secession and subversion could face a maximum sentence of life in prison, which is in line with international practice.
The senior counsel said it could be a blessing to have a minimum penalty as well for some offenses, which he believes could be set at 10 years for serious cases, because many people think there have been inconsistent sentences in similar cases.
The barrister also said a trial may not have a jury if a case involves State secrets. In addition, some people believe jury members’ political views would be a factor in trials, he said.
Tong said he hopes the final draft could make it clear which cases are exempt from jury participation. In general, a jury trial will be conducted in a criminal case at the High Court, which can impose a prison term of seven years or longer.
The national security law, currently under deliberation at the National People’s Congress Standing Committee, will outlaw acts of secession, subversion, terrorism and collusion with foreign and external forces.
Willy Fu Kin-chi, a law professor at Beijing Jiaotong University, told China Daily that a life sentence is not a new thing under national-security-related laws worldwide, even in many jurisdictions that apply the common law system.
The maximum penalty, if it is life imprisonment, will be a deterrent to those who may have colluded with foreign forces, said Fu, who is also the vice-chairman of the Hong Kong Legal Exchange Foundation.
But he is not in favor of setting up the minimum penalty, which in the common law system should be at the courts’ discretion considering the nature of cases, the defendant’s involvement, the degree of harm, and mitigating factors.
On the conflicts between jury trial and national secrets, Fu said it is appropriate to exclude a jury from the trial to protect national interests if the trial is a highly sensitive national security case.
According to a survey released on Monday, nearly 70 percent of Hong Kong residents said the city has a duty to safeguard national security. Among 1,297 residents polled from Thursday to Saturday, nearly 60 percent agree on the four offenses covered by the security law, and that they will not be affected by it.
