A Portuguese national has become the first European citizen to be incarcerated under Hong Kong’s National Security Law, a controversial legislation imposed by China, drawing widespread criticism from human rights organizations.
Joseph John, also known as Wong Kin-chung, holds dual citizenship in Portugal and Hong Kong and was previously residing in the United Kingdom. He was apprehended for disseminating pro-independence and anti-China content on social media platforms upon his return to Hong Kong to visit family in 2022.
In February, he was found guilty of “secession” and subsequently sentenced to five years behind bars on Thursday. Under the law, “secession” pertains to advocating for Hong Kong’s separation from China.
John, 41, previously served as the leader of a relatively obscure entity named the Hong Kong Independence Party, managing the group’s Facebook and other social media accounts as well as a website registered in the UK. The organization advocated for foreign intervention in China’s governance of Hong Kong following the 2019 pro-democracy demonstrations.
Following Beijing’s crackdown on dissent, the group called for the intervention of the United Kingdom and the United States, circulating online petitions and crowdfunding campaigns for an independent military force in Hong Kong.
John’s online platforms were deactivated in 2022 upon his return to Hong Kong, where he was promptly arrested by authorities. He pleaded guilty to “inciting secession” in February.
During his sentencing hearing on Thursday, Judge Ernest Lin denounced John’s actions, accusing him of distorting history, vilifying China, and soliciting foreign entities to undermine Hong Kong and China through political or violent means.
The five-year sentence handed down to John reflects the mandatory minimum prescribed for “serious” National Security Law cases, establishing a new legal precedent in the region.
John had already spent 16 months in custody, having been denied bail as a defendant charged under the National Security Law, a practice that has become routine in Hong Kong for individuals facing such charges, according to legal experts.
Representatives from the Portuguese consulate and the European Union were present at the Hong Kong District Court during John’s sentencing. Portuguese officials lamented the lack of access to John during his detention.
John’s case marks a significant development in the enforcement of China’s National Security Law, enacted in response to the widespread protests that swept Hong Kong in 2019, demanding greater democratic rights and opposing increased Chinese influence in the city.
Since its enactment in 2020, over 290 individuals have been arrested under the law, with 174 facing charges related to national security crimes and 112 convicted. The legislation criminalizes acts of secession, subversion, terrorism, and collusion with foreign forces.
While Chinese and Hong Kong authorities assert that the law is essential for maintaining stability in the city, critics argue that it stifles political dissent and undermines civil liberties in Hong Kong.
Moreover, last month saw the introduction of a new security law, Article 23, which expands the authorities’ jurisdiction, targeting offenses such as external interference and insurrection. Critics contend that this legislation further erodes the civil liberties of Hong Kong residents.
