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Hong Kong courts
Hong KongLaw and Crime

Hong Kong’s self-styled ‘Captain America’ spouted ‘empty words’, legal counsel says in first appeal related to city’s national security law

  • Senior counsel Edwin Choy says sentencing judge made multiple errors when assessing case of former food delivery worker Adam Ma
  • Ma was sentenced to 69 months in jail last November for inciting secession on 20 occasions

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Adam Ma was sentenced to 69 months in jail last November for inciting secession on 20 occasions during a three-month span. Photo: Brian Wong
Brian Wong

A former food delivery worker jailed under Hong Kong’s national security law for chanting independence slogans at protests merely spouted “empty words” without intending to advocate the city’s secession from mainland China, his legal counsel has argued.

The Court of Appeal on Tuesday heard the first-ever application stemming from the legislation imposed by Beijing in June 2020, with defence lawyers alleging the sentencing judge had made multiple errors when assessing their client’s culpability.

A judge hand-picked by the city’s leader to oversee national security proceedings sentenced Adam Ma Chun-man to 69 months in jail last November for inciting secession on 20 occasions during a three-month span, which occurred soon after the new law took effect.

Popularly known as a “second-generation Captain America” for his dressing up as the superhero during previous demonstrations, Ma had used slogans such as “Hong Kong independence, the only way out”, “Hongkongers, build our ­country” and “Liberate Hong Kong; revolution of our times” – a signature rallying call of the 2019 anti-government protests.

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The former food delivery worker had also promoted his political ideals on social media platforms and during interviews with news outlets, where he called on other residents to advocate independence in schools and prepare for the next “revolution”.

District Court Judge Stanley Chan Kwong-chi found the offence committed by Ma to be of a serious nature, which warranted a jail term of five to 10 years based on the national security law’s sentencing regime.

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On Tuesday, senior counsel Edwin Choy Wai-bond, who represents the appellant, described Ma’s past conduct as being similar to speaking in an echo chamber and could not have objectively undermined national unity.

The barrister also argued that several expressions repeated by Ma were devoid of substance and should not be cited as evidence of his support for violence.

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