A Hong Kong pro-democracy protester dubbed ‘Captain America’ because he carried a replica of the superhero’s shield at marches has been jailed.
Ma Chun-man, a 31-year-old takeaway driver, was sentenced to five years and nine months in prison today for ‘inciting secession’ under China’s draconian security law.
Ma is the second person to be convicted under the law, and his case was seen as a legal bellwether because he is the first non-violent protester to be convicted.
In delivering his verdict, Judge Stanley Chan – who was drafted in by Beijing to try national security cases – said it was irrelevant that Ma’s protest was non-violent.
Ma Chun-man, a 31-year-old takeaway driver known as Captain America 2.0 for carrying the superhero’s shield at Hong Kong pro-democracy protests (pictured), has been jailed
‘Whether he used violence, whether he defied the law enforcers, whether his ideas got others’ recognition – all these are not important,’ Chan said.
‘The defendant was incited by some politician and he eventually became an instigator himself.
‘In this context, it’s hard to guarantee there won’t be other Ma Chun-mans.’
Ma had pleaded not guilty to the charges and did not testify, though did write a letter to the judge in which he said he has ‘no regret’ for his actions.
‘On my road to democracy and freedom, I can’t afford to be a coward,’ he added.
The slogans Ma is said to have chanted included ‘liberate Hong Kong, revolution of our times’ and ‘Hong Kong independence, the only way out’.
Beijing imposed the national security law on Hong Kong in June last year, effectively ending the biggest and longest pro-democracy protests the semi-autonomous former British colony has faced since returning to Chinese rule in 1997.
The law punishes anything China sees as subversion, secession, terrorism and collusion with foreign forces with up to life in prison and has been widely criticised as a tool to purge political opponents and crush individual freedoms.
Beijing maintains rule of law, and all rights and freedoms remain intact and says the legislation was needed to plug loopholes in national security and end the often-violent unrest, which it says was fomented by foreign forces.
The first to be convicted was former waiter Tong Ying-kit who was jailed for nine years for riding a motorbike into a group of policemen.
Tong was flying banners from the bike reading ‘Liberate Hong Kong, revolution of our times,’ which the court said was incitement to secession.
Ma was jailed for five years and nine months for ‘inciting secession’, with his case viewed as a legal bellwether because he is the first non-violent protester to be convicted
But, unlike Ma, Tong was also convicted of terrorism offences for using his motorbike as a weapon. He is appealing the ruling.
Amnesty International called Ma’s sentence ‘outrageous’ and said restrictions on freedom of expression in Hong Kong were ‘dangerously disproportionate’.
, was jailed for nine years. He had ridden a motorcycle into a group of policemen, displaying the slogan ‘Liberate Hong Kong, revolution of our times,’ which the court ruled was ‘capable of inciting secession’.
Tong, who was also convicted of terrorism for allegedly using his motorcycle as a weapon, is appealing.
Amnesty International called the sentence ‘outrageous’ and said restrictions on freedom of expression in Hong Kong were ‘dangerously disproportionate’.
Deputy Secretary General Kyle Ward said: ‘In the warped political landscape of post-national security law Hong Kong, peacefully expressing a political stance and trying to get support from others is interpreted as “inciting subversion” and punishable by years in jail.
‘It is outrageous that Ma Chun-man has been sentenced to more than five years in prison simply for chanting slogans and sharing his political views online. The Hong Kong government must stop criminalising mere acts of expression without any demonstrated connection to the use of force or imminent violence.
‘This conviction and sentencing clearly shows that restrictions on the right to freedom of expression in Hong Kong are dangerously disproportionate. The two verdicts handed down in national security law cases have not paid due regard to the human rights safeguards the Hong Kong authorities claim exist in the law.
‘The Hong Kong government must stop endlessly expanding its definition of ‘endangering national security’ as a means of locking up people who express views it doesn’t like.’
More than 100 people, including many of the city’s most prominent opposition politicians and activists, have been charged under the security law.
Like Ma, most are accused of non-violent crimes. Most have been denied bail.