The National Security Service of the Police Force arrested five key members of the "Hong Kong Speech Therapists Federation" this morning (22nd), suspected of conspiring to publish seditious publications and freezing about 160,000 yuan in assets of the union involved.
Practicing lawyer Xiong Yunxin said today that there is no statutory explanation on seditious texts or publications in the Ordinance. Asking the court to objectively interpret texts or publications will constitute sedition.
I was asked if a disclaimer was added to the publication, emphasizing that it was only a sincere criticism of the government’s administration, could criminal liability be avoided?
Xiong Yunxin bluntly stated that this approach is not feasible, because law enforcement officers will review the entire article for the above and below.
▼On July 22, the police escorted the arrested back to the office to search for evidence▼
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Xiong Yunxin pointed out in the Hong Kong and Taiwan program "Millenniums" that Article 10 of the criminal offence does not have a statutory explanation of seditious text or seditious publication. The court will objectively see whether the relevant text or publication constitutes sedition.
The prosecution should describe the details of the crime and whether there is any intention to incitement to illegally cooperate with the government. You cannot prosecute like "fishermen throwing a net": "There are many kinds of incitement, and the defendant needs to know the crime."
He also pointed out that the court will determine whether the prosecution’s allegations have reasonable doubts. For example, the defendant pointed out that the text or image was a sincere criticism in order to point out government policy mistakes and judicial shortcomings. He hoped that the authorities would correct it. He believed that it could be a defense.
The prosecution must prove that the reason does not exist.
It is difficult to completely avoid criminal liability by adding a disclaimer
However, Xiong Yunxin also believes that simply adding a disclaimer in a publication or text can not completely avoid criminal liability, describing that "not being able to bark someone and explain it is a kind criticism."
He said that the prosecution has the responsibility to search for evidence to overturn whether the defendant is lying, so as to prove that the purpose of hoping the authorities to correct is not the intention of the relevant remarks or publications.
Is it illegal to possess or print related publications?
He believed that the prosecution had to prove that the defendant clearly knew that the publication was seditious and had no legal reason to possess the publication.
Practicing lawyer Xiong Yunxin.
(Profile picture)
The Maritime Transportation Service Industry Workers’ Union announced its dissolution, saying that due to lack of manpower and increased operating pressure, the Speech Therapist Federation's "Yangcun" series of three picture books has caused controversy. Announced this morning to dissolve the National Security Law, 138 people were arrested over a year, the National Security Department first pointed to a union organized by the National Security Department to detain the "Hong Kong Speech Therapist Federation" 5 bones of interference conspiracy publication published seditious
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