Hong Kong national security law: top court’s landmark ruling on sentencing creates legal uncertainties, experts say

Court of Final Appeal refused to reduce jail term for student who admitted to inciting secession, refusing leniency often granted in other criminal cases for guilty pleas

But some legal experts say decision will make it difficult for defendants to gauge value of confessing to national security crimes

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The Court of Final Appeal has ruled that a more lenient penalty in a secession case would still have to fall within the minimum prescribed for serious national security crimes. Photo: Warton Li

Published: 8:30pm, 27 Aug 2023

A ruling by Hong Kong’s top court has created new uncertainties for national security law offenders as guilty pleas no longer guarantee a one-third reduction in the sentence, legal experts have warned.

They said the landmark decision had set a benchmark for sentencing in future national security trials, including a high-profile one involving 29 opposition politicians and activists who pleaded guilty to subversion for their role in an unofficial primary election three years ago.

Courts often cut a jail sentence by a third for a guilty plea under the common law system.

The Court of Final Appeal on Tuesday refused to reduce a five-year jail term for a university student who admitted to inciting secession. It ruled that a more lenient penalty would still have to fall within the minimum prescribed for serious national security crimes.

Academics and lawyers told the Post upholding the minimum sentences for Lui Sai-yu would create uncertainties for defendants intending to plead guilty in future.

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