Harsh Jail Terms of Hong Kong Student Upheld As Court of Final Appeal Rules National Security Law Overrides Common Law

PolyU student’s guilty pleas not enough to reduce his jail terms, Court of Final Appeal grants the National Security Law a free ride

Lui Sai-yu's appeal against his sentence was rejected. Profile picture, Adrian Yu/The Epoch Times

The first final appeal case against Hong Kong’s tiered sentencing system under the National Security Law (NSL) was decided on Aug. 22. Lui Sai-yu, a student at Hong Kong Polytechnic University (HKPolyU), was charged with “inciting secession” and sentenced to 2022. Although he pleaded guilty, the Court of Final Appeal (CFA) ruled that he was not entitled to the customary “1/3 reduction in sentence for pleading guilty.” He was ultimately sentenced to 5 years in prison.

This verdict is expected to set a threshold for sentencing in cases under Hong Kong’s national security laws. Some legal community members believe that the case has far-reaching implications, and the uncertainty of the court’s decision to commute the sentence is tantamount to spreading fear and creating a chilling effect, which is highly detrimental to Hong Kong.

Guilty Plea Not Enough for Granting Reduced Jail Terms

When the case was heard earlier, District Court Judge Amanda Woodcock ruled that the case was “minor” and the starting point for sentencing was five and a half years’ imprisonment. And by considering his guilty plea, she took a third off and came to three years and eight months. However, the prosecution stated that the sentence in this case is governed by the minimum sentence to be five years for serious crimes as stipulated in the Hong Kong National Security Law. In the end, the judge changed the sentence to five years imprisonment.