Letters | Hong Kong national security law’s chilling effect on freedom of speech is real

While the justice secretary has said that whether slogan-chanting is illegal will depend on the circumstances and be determined by the courts, many people are likely to think twice about speaking up, even if the criticism is constructive

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The Chinese flag is displayed outside Beijing’s Office for Safeguarding National Security in Causeway Bay, Hong Kong, on July 9, in the wake of the adoption of a new national security law for the city. Even if the law’s bark is a lot worse than its bite, the thought of being arrested and tried in court could deter some from speaking their mind. Photo: EPA-EFE

Published: 7:15am, 12 Jul 2020Updated: 7:15am, 12 Jul 2020

In the wake of the promulgation of the sweeping national security law for Hong Kong, there has been heated debate over whether chanting independence slogans could constitute an offence under the legislation. So far, the secretary for justice has given a clear-as-mud reply about the prospect of being convicted when found shouting such slogans. To put it simply, there is no single answer as different circumstances have to be factored in, such as the suspect’s intention and physical action.

Under common law safeguards, it is seemingly difficult to jail a person for a “speech crime”. The mere utterance of words such as “End one-party rule!” would not necessarily lead to prosecution. Practically, our freedom of speech remains largely intact as long as we don’t blatantly charge the red line, namely the endorsement of independence. Members of the opposition camp could still exercise their right to air grievances against the government.

Unfortunately, the deep public distrust towards the local administration, the unrestricted power wielded by prosecutors and an increasingly sensitive Beijing have created a chilling effect in Hong Kong. Freedom-loving people could hardly express their views without constraint, for fear of courting controversy.

Even if the law’s bark is a lot worse than its bite, the thought of being arrested and tried in court could be fearsome enough to deter some from speaking their mind.

05:50

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