National security law: student activist who advocated Hong Kong independence jailed for 43 months
- Tony Chung, 20, is the youngest person to be sentenced under national security law after pleading guilty to secession and money-laundering charges
- Prosecutors said Chung, founder of now-defunct Studentlocalism group, had sought to separate Hong Kong from China, or alter city’s constitutional status unlawfully
A student activist who advocated Hong Kong’s independence and raised HK$136,000 (US$17,450) through crowdfunding to further his political agenda has been jailed for 43 months, becoming the third person in the city to be sentenced under the national security law.
Tony Chung Hon-lam returned before the District Court on Tuesday, three weeks after pleading guilty to secession and money-laundering charges in relation to his roles in two pro-independence groups after the Beijing-imposed legislation took effect on June 30 last year.
The 20-year-old founder of the now-defunct Studentlocalism group is the youngest person yet to be found guilty under the new legislation, which outlaws acts of secession, subversion, terrorism and collusion with foreign forces. Four other defendants, aged 24 to 31, have previously been convicted, with two of them awaiting sentencing.
Judge Stanley Chan Kwong-chi, one of a few jurists hand-picked by the city’s leader to oversee security law proceedings, found Chung an active participant in the illegal actions, deserving of three to 10 years in jail under sentencing directions for such cases.
The multiple secessionist statements made by Chung and the independence propaganda seized from his home indicated his heavy involvement, Chan said.
The judge also highlighted Chung’s appearance at the US consulate shortly before his arrest in October last year as a factor in sentencing, but said he would not speculate on the purpose of the activist’s visit.
The Post reported at the time that Chung and three others had entered the diplomatic mission in a bid for asylum, but their requests were rejected.
Hongkonger rejected by US consulate reveals he was protester shot last year
On a separate note, Chan said he had faced threats of violence before Tuesday’s ruling, warning that such acts not only constituted criminal intimidation under local legislation but also terrorist activities according to the security law.
“This kind of offence is shameful, pitiful and laughable,” the judge said. “The offender surely hates Hong Kong. Nobody would want to take down his own house.”
Eric Lai Yan-ho, a law fellow at Georgetown University’s Center for Asian Law, said Chung’s case showed the intolerance of the Hong Kong government towards dissenting voices from the younger generation.
“The power holders [should] ask themselves whether criminalising young people with draconian laws can really win back public trust in the court and the government,” he said.
The prosecution said Chung sought to separate Hong Kong from China, or alter the city’s constitutional status unlawfully, between July 1 and October 27 last year.
But most of its allegations centred on Chung’s activities on social media and involvement in the Studentlocalism group before the enactment of the security law, with some events dating back to 2016.
While the new law cannot punish offences retroactively, prosecutors insisted his past actions were relevant to understanding the activist’s continued effort to push for independence after the legislation took effect.
They said Chung had promoted Hong Kong nationalism on social media, displayed the city’s colonial flag at street booths, produced hoodies printed with separatist slogans, and assisted in the establishment of pro-independence groups at 28 local secondary schools.
Chung, via a proxy, also announced the establishment of the Initiative Independence Party in July last year to further the group’s agenda, prosecutors said.
Hong Kong independence activist with ‘clear conscience’ admits secession
He was further accused under the Theft Ordinance of dealing with property known or believed to represent proceeds of an indictable offence, involving HK$135,954.59 deposited into a PayPal account by 95 supporters of Studentlocalism.
Secession is punishable by life imprisonment while money laundering carries a maximum sentence of 14 years, but prison terms are capped at seven years when cases are heard at the District Court.
In Tuesday’s mitigation, defence counsel Edwin Choy Wai-bond described his client as a filial son who had made financial contributions to his mother and younger brother’s well-being, despite coming from a difficult family background.
Choy urged the court to take into account the fact Chung committed the offences in a “relatively extreme” political climate and said the overall jail term should be reduced by a quarter given his client’s guilty plea.
The judge started with 4½ years in prison for the secession charge and two years for money laundering, before arriving at a combined jail term of 43 months to reflect Chung’s guilty plea and overall culpability.
Two of the four other defendants convicted under the security law have been jailed for almost six years and nine years, respectively.
