A PROTESTER jailed under Hong Kong’s controversial national security law won a slight reduction to his prison term today as judges grappled with China-style sentencing rules designed by Beijing.

Ma Chun-man, a former food delivery worker, was the first person to appeal his sentence under Hong Kong’s national security law after he was convicted of “inciting secession” and jailed for nearly six years.

He was nicknamed “Captain America 2.0” for carrying a replica of the Marvel superhero’s shield at protest rallies, where he called for Hong Kong’s independence from China and disparaged the security law, according to prosecutors.

Appeal judges today reduced Ma’s sentence to five years as his culpability was “relatively low” and the first-instance penalty was “manifestly excessive”.

Beijing imposed the national security law on Hong Kong in 2020 to crack down on dissent, following months of huge and sometimes violent democracy protests. 

So far, more than 200 people have been arrested under the sweeping law.

Ma’s case was considered a legal weathervane because it involved no violent acts and is based entirely on what he has said – similar to a vast majority of upcoming national security trials.

The national security law also imposes minimum jail terms for serious offences, a feature rarely seen in the city’s common law tradition.

For those convicted of inciting secession, like Ma, they must be jailed for at least five years if their case was of a “serious nature” – though the law is silent on how seriousness is judged.

Appeal judges said today Ma’s case was classified as serious because some of his protests were held on dates considered sensitive by democracy protesters, which “clearly increased the risk of the activities violently disrupting public order”.

These moves challenged Hong Kong’s “constitutional order and legal foundation”, the judges said.

The court also pointed out that the former delivery driver had chanted slogans urging “armed insurrection”, and the lack of actual violence did not make his case any less serious.

Last year, Amnesty International called Ma’s jailing “outrageous” and said it represented a “dangerously disproportionate” restriction on free speech in Hong Kong.

Hong Kong authorities have consistently argued that the national security law is necessary to ensure stability in the city, and that rights and freedoms remain intact. – AFP, August 3, 2022.