The verdict of HKSAR v Ma Chun Man, aka the 2nd #NationalSecurityLaw trial in #Hongkong,is expected to be given today. Ma’s case is indeed the 1st #NSL case that involves solely #SpeechCrime of incitement & that the defendant at first brought #humanrights arguments to the court.
We will soon know whether the court will appreciate human rights jurisprudence that complies with international and comparative human rights law in its verdict, and follow the 1st NSL verdict that dismissed the critical review of the safeguarding human rights in NSL context.
We have offered a human rights analysis of the first NSL verdict that convicted the defendant of a speech crime (incitement others to secession). Our examination also helps you to have a sense of what would the verdict of Ma Chun Man possibly be like: law.georgetown.edu/law-asia/wp-co…
This briefing paper can serve as a reference to those who want to understand the offence of incitement under NSL by comparing with the best practice of international and comparative law. Hope for the best, prepare for the worst. Finger-crossed.
My observations on the reasons for verdict can be found here:
1/ Here is my observations on HKSAR v Ma Chun Man (2021), which has a Chinese verdict and an English Press Summary for now: legalref.judiciary.hk/lrs/common/ju/… (20 tweets,beware!)
2/x The reasons for verdict have 84 paragraphs, and only 4 of them discuss the court’s view on human rights jurisprudence. Sadly, they are insufficient, incoherent and not up to international standard. (See para.46-47, 64-65) #HK#NSL …
3/x in para.46, The verdict cited the Jimmy Lai case at the CFA (FACC1/2021) to state article 4 of the NSL safeguards basic rights and freedoms according to Hong Kong law…