Features
The autistic youth who booed the national anthem was sentenced to jail
Published
1 year agoon
19 mins audio
Article/Blessing CALD Editorial;Photo/Internet

Recently, a news story drew attention to the fact that a 21-year-old autistic youth in Hong Kong was sentenced to eight weeks in prison for insulting the national anthem after he repeatedly raised his thumb upside down to make booing noises and sang an English song during the playing of the Chinese national anthem. This has led people to question the degree of protection for the disabled in Hong Kong, and whether reasoning outside the law should have been reflected in the case.
In pre-2019 Hong Kong, law enforcers seldom paid any attention to the ‘offence’ of insulting a disabled person, and most of them would just give a warning, and no one would even think of taking the case to court. No one ever thought that the case would be brought to court, and no one ever thought that a disabled person would be convicted and sentenced if the case was brought to court. The Hong Kong Government’s handling of this case today highlights the fact that Hong Kong is now a society ‘ruled by law’.
Conviction for insulting the national anthem
In June last year, during the World Women’s Volleyball League match at the Hong Kong Coliseum, an autistic and hyperactive young man, Chan Pak Ei, was accused of publicly and intentionally insulting the national anthem by booing, clenching his fists with his thumbs down, sitting down and covering his ears with both hands, and singing a song from the musical Les Misérables, ‘Do you hear the people sing? The Defendant’s behaviour at the time of the incident was videotaped by the off-duty Chief Inspector who was with him. The defendant’s behaviour during the incident was recorded by the off-duty Chief Inspector, who cautioned him that ‘I don’t like the Chinese team and the Chinese national anthem, so I just sing other songs and I don’t want to get up’.
During the trial, the defence pleaded that Chan was diagnosed with autism and Attention Deficit Hyperactivity Disorder (ADHD) when he was six years old, and that he was now remorseful and had reflected deeply on his actions and clearly understood the consequences. The defence cited an Australian case that mentally ill persons are entitled to a discounted sentence, saying that they know that their actions are wrong but do not know the seriousness of the consequences, that the deterrent effect is not applicable to mentally ill persons, and that mentally ill persons are subjected to a greater mental impact than the general public, and that it is hoped that the court would take into consideration that the defendant’s offence was short-lived and the number of people who witnessed it was small, and that he could be given a suspended sentence.
However, this plea of the defence did not have much effect on the outcome of the trial. Magistrate Lam Tze Hong said that the Defendant had no genuine remorse and did not see the basis for a suspended sentence. Moreover, the Defendant had stopped taking his medication two days before the offence, which had lowered his self-control, so this medical history did not have much impact on the deduction of his sentence. LAM agreed that the circumstances of this case were the worst amongst non-similar cases and that there was no premeditation or planning involved, but the seriousness of the charge did not mean that a sentence of non-immediate imprisonment was appropriate, even if the sentence was lower. A sentence of nine weeks’ imprisonment was set as the starting point. A discretionary deduction of one week was made on account of the Defendant’s medical condition and he was eventually sentenced to eight weeks’ imprisonment. The Defendant then lodged an application for leave to appeal and was granted bail in the sum of $8,000 pending appeal.
In his earlier ruling, Mr Lam emphasised that the event took place in an important stadium in Hong Kong, and that the singing of the national anthem was an affirmation of the national identity of the people, and an endorsement of the importance of the country, and that the singing of other songs in a loud voice during the playing of the national anthem constituted an insult, and gave the impression that the national anthem could be disregarded. The basis of this decision was not whether the Defendant was a patriot or whether he liked China or the Chinese team, but that the Defendant’s behaviour was entirely autonomous, and that he had publicly and intentionally insulted the National Anthem, undermining the dignity of the National Anthem as a national symbol and emblem, and that he had fulfilled the relevant intent in the offence of ‘insulting the National Anthem’, and he was found guilty of the offence.
Behaviour and Intent of Autistic Person
Mr Justice Lam’s analysis of the case was based on the defendant’s behaviour at the scene to determine that he had committed the offence, and from what he considered to be autonomous behaviour, he deduced that the defendant’s intention was in accordance with the ‘relevant intention’ of the charge. However, Mr Justice Lam did not have any training in psychology or psychiatry. Whether he derived the defendant’s intention from the defendant’s behaviour in accordance with the behavioural psychology of a normal human being, or with the endorsement of a professional psychologist or medical doctor, was not made clear in detail in the report of the case.
However, anyone with a little psychological training or common sense will know that it is not at all easy for an autistic person to deduce intention from personal behaviour. Moreover, in the past 20 to 30 years, most of the studies on autistic persons have focused on behavioural changes rather than on the intention of the person concerned, so I believe it is not clear whether Judge Lam’s inference on the intention of the defendant will really be endorsed by psychologists.
A judge should of course judge the intention of the offender from his behaviour, otherwise he will not be able to make a judgement in cases involving motive and intention. However, in this case, I believe the number of autistic people Judge LAM Tze-hong has come into contact with and his knowledge of autism will affect his judgement. From the judgement of this case, we can see that the logic seems to be ‘adults should be held legally responsible for breaking the law’ and ‘autistics should also be held responsible for their own behaviour’.
However, as this case involves patriotism and respect for the country, it is worthwhile for the society to discuss and pay attention to whether an autistic person, who is regarded as disabled, should be dealt with by the law alone. However, after the incident was reported, there were no alternative views in the media in Hong Kong, or social workers or psychologists who care about people with disabilities in other societies have openly expressed their different views or opinions. Is it because Hong Kong has become a ‘Hong Kong governed by the rule of law’ that they are unwilling to propose a different perspective to deal with patriotic criminal offences committed by autistic persons? Or do they all agree with Judge Lam that autistic people are just like other adults in understanding the meaning of their behaviour and bearing the criminal responsibility if they break the law? Does the indifference of these professionals reflect the changes in Hong Kong society today?
Perhaps we should try to understand this incident from a different perspective in a different society.
The Game of Law, Reason and Sentiment
Anyone can understand that emotion and reason cannot determine whether a person is guilty or not, it is the ‘law’ that can convict a person, but the ‘law’ is basic and not absolute. The law is not the highest standard of personal behaviour, but the moral standard is the standard of behaviour given to us by the society. The law also has to take into account ‘reason’ and ‘emotion’, which is why there is the saying that ‘the law is no more than a matter of human feelings’. Equality before the law is the basic principle, but there is room for interpretation on top of the principle: although it is not permissible under the law, it can be lenient under the circumstances, and even if it is necessary to transfer or prosecute according to the law (or to slow down the prosecution of a lesser degree of authority not to prosecute), the judge can still give a low degree of criminal responsibility under the circumstances and reason. For example, in this case whether the autistic person has sufficient knowledge of his own behaviour, and whether he has a clear understanding of the meaning of the national anthem? There is room for discussion.
Autism is a lifelong neurological disorder that begins in early childhood. The main characteristics of autism are unique social interactions, non-standard ways of learning, a strong interest in specific topics, a tendency to favour routine, general communication difficulties, and a special way of processing sensory information. The unique way of social interaction has led many people to explore whether the emotional world of autistic people is the same as that of other people. Therefore, it seems that experts do not have an opinion on whether autistic people have the same ability to understand patriotism and respect the national anthem and flag as other people do. What is even more worrying is that the stigma and discrimination associated with neurological differences in the community continue to hinder diagnosis, treatment, acceptance and tolerance of autistic people’s bizarre behaviours. In order to raise awareness of autism and eliminate stigma, the United Nations General Assembly has designated 2 April as World Autism Awareness Day, with the aim of helping to improve the quality of life of people with autism, so that they can lead full and meaningful lives as an integral part of society.
It is not easy to strike a balance between ‘law’ and ‘reason’ when the system will be rigid and unable to respond to individual circumstances, and social chaos when ‘reason’ is the only thing that matters and ‘reason’ is ignored. ‘Law’ and “reason” are the basis for regulating and guiding people’s behaviour, while humane considerations can enable people to make adjustments in their dealings, but the entire consideration should be based on the foundation of law and reason. If the two are more or less in line with each other, and if humane considerations are added to the equation, will not the whole society become more tolerant and harmonious? This requires the wisdom of the Judges.
The law should not be cold, and judicial work is also public work. In this case, the behaviour of the autistic young man, Chen Boiei, was indeed against the law; however, a judgement that does not take into account his personal circumstances cannot embody the highest spirit of the law – the law not only represents the way of the world and its rules, but also the hearts of the people and the human condition. On the basis of understanding the original intent of the relevant jurisprudential foundations, it would be a wiser choice to deal with the case in a lenient manner that embodies the basic intent.

Is welfare being abused?
The situation in Australia is in stark contrast to the attitude of the Chinese government towards people with disabilities. Many new immigrants from China think of people with disabilities as being wheelchair bound or visibly blind, deaf or dumb; Australia’s concept of disability is very broad, for example, people with mental illnesses, genetic disorders, physical disabilities, and even cerebral palsy, strokes, and disabilities resulting from cancer are eligible to apply for the NDIS (National Disability Insurance Scheme). However, the strong protection of the welfare system has also brought about another problem – over-diagnosis and medical treatment.
Take autism as an example, over the past 10 years, the incidence of autism has increased significantly in developed countries, and the growth rate of autism in Australia is more pronounced than in other countries with comparable economies and health systems, such as the US, Canada, and the UK, and the prevalence rate is estimated to be the highest in the world, which seems to be attributable to financial incentives generated by government policies (especially the implementation of the NDIS). Currently, the NDIS provides a great deal of support resources for people with autism, especially for children under the age of 9. The NDIS emphasises the importance of providing monetary support for services to people with disabilities as early as possible, so that they can have room for improvement and development in the future. Such a strategy, many believe, could lead to a faster than average increase in diagnosis rates. In the past, NDIS Minister Thornton has pointed out that providing NDIS support to younger children is an investment in society. However, NDIS patients and developmental delays under the age of 14 now account for more than half of the users of the NDIS programme, making the NDIS programme an avenue for parents concerned about their children’s development to seek help.
Collectively, changes in standards and increased awareness over the decades have led to more people being diagnosed, and some doctors may be substituting the diagnosis of autism for conditions that overlap with it, such as ADHD and dyslexia, so that patients can easily access basic services. Analyses of autism prevalence over the past decade show that autism prevalence has increased faster in areas where the NDIS has been rolled out, suggesting that the program has had an impact on the number of people seeking a diagnosis. the funding and services of the NDIS do support and improve the lives of many people in need, but it is questionable whether they are all being used in a practical manner, to help those who are truly in need, rather than everyone. The Australian federal government’s intention in establishing the NDIS was to help increase the independence of people with disabilities, including their participation in social and economic activities. However, from policy to practice, due to over-diagnosis and over-medication, the NDIS has been plagued by abuse, misuse and fraud. The amount of funding is now largely based on documentary evidence, and there is a mismatch between the actual needs of many people with disabilities and the funding available to them. As a result, the Australian community has invested a significant amount of resources in this area, which has caused concern in the community and has led to the NDIS, which is in urgent need of a major reform in the future, with the future still unknown.
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Australia’s government has always taken pride in its multicultural society, even presenting it as a unique selling point for tourists and a beacon of hope for immigrants. Yet multiculturalism inevitably brings ideological differences, and ignoring these differences only sets the stage for tragedy.
The recent mass shooting at Bondi Beach (Hanukkah) in Sydney, which resulted in multiple deaths, prompted Australians to mourn the victims and condemn the attackers, which is a natural response. However, this tragedy also exposes a major blind spot of the Australian government: years of ignoring the steadily worsening anti-Semitism over the past two years directly contributed to this bloodshed.
Two Years of Ignored Warnings
From 2023 to 2025, anti-Semitism in Australia gradually increased, escalating from protests to arson attacks, all foreshadowing the mass shooting.
The earliest incident occurred on October 9, 2023, outside the Sydney Opera House. Approximately 500 people initially gathered at Town Hall, then marched near the Opera House, with police estimating around 1,000 attendees. The protest sparked public outrage because of the hateful slogans shouted, such as “F*** the Jews” and “Where are the Jews?” Yet, the police and government largely ignored it, underestimating the potential danger.
The hate crimes continued to escalate in 2024. On October 20, 2024, the Lewis’ Continental Kitchen in Bondi’s Curlewis Street was set on fire in the early morning hours, forcing the evacuation of residents above. This kosher family-owned restaurant had been operating for years and served the local Jewish community, who were deeply affected by the attack. In December of the same year, the Adass Israel synagogue in Melbourne was also targeted in an arson attack, causing serious damage and injuries. Although the police arrested the suspects and classified both cases as terrorist acts, the government continued to downplay their severity, with the Prime Minister merely offering verbal statements condemning racial hatred.
Subsequent anti-Jewish incidents in 2025 included two nurses in Bankstown using violent language toward Israeli patients and refusing care in February, as well as a white nationalist march in New South Wales in November, involving around 60 far-right members. The government’s response in each case was limited to verbal condemnation, brushing off the threats. Inevitably, the December Bondi Beach disaster occurred amid heightened anti-Jewish sentiment, resulting in 15 deaths and dozens injured, becoming the deadliest attack on Australia’s Jewish community in history.
The Root of the Tragedy
These successive hate-driven disasters were not random; they were a ticking time bomb fueled by specific factors.
A major cause is the oversimplification of the Israel-Palestine conflict. Certainly, Israel’s military actions in Palestinian territories, causing deaths and injuries, are excessive and worthy of criticism. But here’s the key distinction: Israel is a nation-state; its government is a political entity subject to critique. Jews are a transnational, cross-political community. The majority of Jews worldwide are not Israeli citizens, did not vote for Netanyahu, and hold diverse or even strongly oppositional views regarding Gaza.
Many people — including some politicians, academics, and social activists — reduce the world into a black-and-white dichotomy: “oppressed = absolute justice” and “powerful = original sin.” This logic leads to the dangerous equivalence: “Jews ≈ Israeli government ≈ oppressors.” In some universities and left-wing activist circles, anti-Semitism is repackaged as “anti-colonialism,” with Jewish students pressured to publicly denounce Israel to receive protection. Consequently, many non-Israeli Jews are treated as a monolithic political entity rather than a community, and their fears for personal safety — including the real risk of being attacked — are dismissed as “overreacting” or “distracting.”
Worse still, Albanese’s government, in pursuit of a superficial social harmony, chooses inaction out of political fear. To appease voters, including Muslim communities and progressive anti-war, anti-Israel constituencies, Albanese and his party sacrifice a smaller, high-risk Jewish population, offering only vague statements like “stay calm” or “both sides must respect each other.”
The fallacy lies in equating “Palestinians and Muslims have a right to be angry, so everyone deserves respect” with “these attacks are anti-Semitic and cannot be justified by political reasons.” True freedom means no excuse can rationalize racial insults or attacks on others, regardless of cultural background. Yet government rhetoric has consistently stayed in the abstract: “I oppose all forms of hatred,” “we understand the pain and anger of communities,” or “we support peace, respect, and dialogue,” instead of clearly stating: “These attacks are anti-Semitic and cannot be justified.” This leaves extremists free to exploit political arguments, while innocent people remain unprotected and harmed.
Ultimately, the tragedy was not caused by the government “supporting anti-Semitism,” but by political tolerance of latent hatred, systemic inertia, cultural blind spots, and the romanticization of Palestinian/Muslim anger, until the disaster exploded.
It is unfortunate that, to this day, the Prime Minister and the government have not assumed responsibility — simultaneously acknowledging Palestinian suffering while failing to enforce zero tolerance against violence and intimidation toward Jews. Politically, Albanese never directly dismantled the fallacy, instead allowing the misleading narrative: “Jews are being attacked because Israel did wrong.” This logic, if accepted, would absurdly suggest: “Russia’s invasion justifies attacks on Russian-Australians” or “China’s abuses justify threats against overseas Chinese.”
What Anti-Semitism Means
Some may think anti-Semitism only affects Jews, not other minorities. But this “mind your own business” notion is completely wrong — anti-Semitism is not just hostility toward one group; it is a society’s signal that hatred is being tolerated.
Once hatred is tolerated, it becomes a testing ground. Allowing attacks on Jews signals that people can be targeted because of their identity, faith, or heritage, stripped of basic dignity. The boundary is already broken.
The next target will never be only Jews. Today Jews may be labeled as “problematic,” “too sensitive,” or “asking for trouble”; tomorrow the same language could apply to Muslims; the day after, Asians, Africans, Indigenous people, or LGBTQ+ individuals. Hatred never needs a new reason — it just needs a precedent society permits.
As the saying goes, hatred is like a contagious disease. When exceptions are allowed, when people calculate “which minorities deserve sympathy and which can be sacrificed,” society is learning to ignore the humanity of others — a skill that will inevitably be applied to more innocent people.
Where Is Hope?
Given the despair and fear of the past two years of anti-Semitic attacks, is hope possible? Certainly. But it does not exist in political slogans or empty statements; it is embodied by those who refuse to normalize hatred.
The most immediate example is Ahmed Al-Ahmed, an Arab-Syrian Muslim who, during the Bondi Beach shooting, risked his life to stop the gunman and protect innocent Jews. Although he was shot multiple times and severely injured, he successfully disarmed the attacker and prevented more deaths. Global media praised his courage as a life-saving act. His actions shattered a persistent lie: this is not a “Jews vs. Muslims” issue, but a matter of human stance against violence and hatred.
After the Bondi Beach attack, many Sydneysiders and Melburnians held interfaith vigils and memorials. Jews, Muslims, Christians, and representatives from other communities joined, lighting candles and offering prayers. Leaders such as Bilal Rauf of the Australian National Imams Council publicly expressed mourning and support, embracing Jewish community leaders — a symbolic act of cross-cultural solidarity. Thousands more held similar ceremonies elsewhere, using silence, candles, and flowers to resist fear and hatred.
Interfaith support has appeared in other incidents as well. After the arson attack on a Melbourne synagogue last year, leaders from Muslim, Hindu, Christian, and Baha’i backgrounds came together to hold vigils and prayers, urging respect and compassion for all groups. Such collective actions reassure victims and send a strong message to society: hate will not be tolerated, and every act of solidarity is a concrete countermeasure against anti-Semitism.
Even acts less reported by mainstream media matter. Online videos showed a heavily injured pregnant woman, Jessica (Jess), shielding a 3-year-old Jewish girl with her own body, protecting her until rescuers arrived. The child’s parents later said she saved their daughter’s life, showing the importance of civilian intervention.
During the chaos, Bondi and North Bondi volunteer lifeguards rushed to aid victims before police or paramedics arrived, running through gunfire, using surfboards as stretchers, and escorting around 250 evacuees to safety. One pregnant woman even went into labor during the rescue, but volunteers ensured her safety. Their actions stabilized numerous victims and saved lives.
Looking at history, both Jews and Palestinians have endured prolonged persecution and injustice: Jews faced massacres, discrimination, and expulsion worldwide, while Palestinians suffered displacement, loss of homeland, and ongoing armed conflict. Although all sides in the Middle East conflict have made mistakes, the pain of both groups reminds us that when politics, power, and hatred dominate society, ordinary people become victims of violence and injustice.
Yet this shared suffering also offers an opportunity: if both sides can engage in dialogue based on mutual understanding and respect, without letting hatred cloud their judgment, it may be possible to overcome historical wounds and seek coexistence and reconciliation. It is in this space of rationality and empathy that society can truly learn to respect every group’s rights, without being controlled by anger and prejudice.
Ultimately, anti-Semitism is not a problem affecting only one group, but a test of society itself: who deserves protection? When the safety of any minority is relativized, everyone stands at greater risk. Yet it is precisely for this reason that empathy and courage are so crucial. Only when society draws clear and consistent boundaries — acknowledging the suffering of all groups and maintaining zero tolerance for hate and violence — does hope cease to be a slogan and become a reality that protects every individual.
Features
Examining Freedom of Speech in Hong Kong Through the Jimmy Lai Case
Published
2 days agoon
December 23, 2025
Jimmy Lai, the founder of Apple Daily, endured 156 days of trial under the National Security Law and was preliminarily convicted on December 15, 2025, on multiple charges, including collusion with foreign forces, publishing seditious material, and other conspiracy-related offenses.
The formal sentencing hearing will not take place until January 12, 2026, to determine the length of his imprisonment. Nevertheless, this verdict sends an undeniable signal and warning to Hong Kong residents: freedom of speech in Hong Kong is running out of time.
Freedom of Speech Is Not What It Used to Be
Since Hong Kong’s handover, the SAR government has retained much of the administrative culture and governance practices from the British colonial period. Before the enactment of the National Security Law, freedom of speech in Hong Kong was relatively broad. Media outlets could openly criticize officials, question policies, and publish investigative reports without immediate legal repercussions. Newspapers like Apple Daily thrived on sharp political commentary and incisive editorials; civil society and protest activities also operated within a certain degree of freedom.
Of course, freedom of speech was never absolute. Citizens still had to avoid baseless defamation or personal attacks. Overall, Hong Kong possessed a culture of debate, satire, and investigative reporting. Cartoonists could mock leaders, columnists could challenge policy decisions, and social media offered a relatively open platform for political discussion and engagement. Civil society could organize forums and large-scale peaceful marches, such as the 2003 anti-Article 23 protest that attracted 500,000 participants. The judiciary at the time was relatively independent, so criticizing officials or exposing corruption through the press did not automatically constitute a crime.
However, with the case of Jimmy Lai, the closure of Apple Daily in 2021, and the full implementation of the National Security Law, freedom of speech in Hong Kong has steadily declined. Media professionals, activists, and even ordinary citizens have begun to self-censor, and public discourse has visibly contracted. Hong Kong, once willing to expose wrongdoing, criticize the government, and conduct in-depth investigations, now bears little resemblance to its former self.
The Core Issues of Injustice in the Case
Under the forceful implementation of the National Security Law by the central government, the official narrative around Jimmy Lai has been uniform: “Lai sought foreign sanctions and cooperated with anti-China forces abroad,” “foreign powers glorified Lai’s actions in the name of human rights and freedom,” or “freedom of speech cannot override national security.” There is no room for debate. Nobody wants the police knocking on their door, so people naturally turn a blind eye.
But a closer analysis of the case reveals that these statements mask the deeper injustice of the crackdown on freedom of speech in Hong Kong.
First, the so-called “collusion with foreign forces” is extremely broad and vague. What exactly counts as collusion? Does speaking with foreign media qualify? The law does not clearly define the elements of “collusion,” the threshold of intent, or the degree of actual harm, allowing law enforcement and prosecution to rely heavily on after-the-fact interpretation. Ordinary public actions—such as giving interviews to foreign media, contacting overseas politicians or organizations, or calling international attention to Hong Kong’s situation—can now be reclassified as criminal acts. The core principle of the rule of law is predictability; citizens should clearly know what is legal and what is illegal. When legal boundaries are vague, people cannot adjust their behavior in advance to comply with the law, and lawful speech can be criminalized at any time, violating the fundamental judicial principle of nullum crimen sine lege (“no crime without law”).
Second, the case shows that under the National Security Law, the Chief Executive is allowed to freely select pro-Beijing judges and limit jury participation, clearly deviating from Hong Kong’s common law tradition. This blurs the line between the judiciary and the executive in politically sensitive cases. Even if a judge maintains professional integrity, the perception of independence is equally important. When politically sensitive cases are heard by executive-designated judges, defendants and the public naturally question whether the judiciary is free from political pressure. Once judicial credibility is undermined, rulings themselves are difficult to view as fully impartial, creating structural disadvantages for any defendant.
For instance, the judge stated during the trial that Lai “continued despite knowing the legal risks” and “intended to overthrow the Chinese Communist Party,” even declaring him the mastermind behind the entire conspiracy. The judgment described his use of the newspaper and personal influence as a coordinated propaganda campaign aimed at overthrowing the CCP. When the defense argued that Lai’s activities were within the scope of freedom of expression, the judge responded: “Opposing the government itself is not wrong, but if done in certain improper ways, it is wrong.” The judgment further characterized Lai’s actions as “a threat to Hong Kong and national security,” even claiming that he “sacrificed the interests of China and Hong Kong citizens.” Such politically charged language links speech directly to intent, raising doubts about judicial impartiality.
Additionally, the trial, spanning from 2023 to 2025, lasted 156 days—far beyond the original schedule. Prolonged legal procedures, combined with pre-trial detention or restrictions, caused ongoing psychological, physical, and financial pressure on Lai, particularly severe given his advanced age. His daughter, Claire Lai, stated in multiple media interviews that his health continued to deteriorate in prison, with significant weight loss and physical weakness. His son, Sebastian Lai, publicly appealed to international leaders to monitor his father’s health, fearing he might not have much time left. The prolonged trial itself constitutes an informal punishment, yet the authorities ignore the defendant’s health while asserting that the case is “lawful” and “protecting national security,” framing external criticism as foreign interference. Under this context, dissent is no longer considered part of public discourse but a potential threat, and the defendant’s human rights are irrelevant. Even before sentencing, Lai has suffered tremendous mental and physical trauma, while the prosecution, as an instrument of the state, bears no comparable burden. This asymmetry places the defense at a disadvantage and undermines the practical significance of the presumption of innocence.
Human Rights Betrayed by China
If the central government can crush a media figure simply for expressing opinions, citizens—especially the younger generation—might wish to fight back. But fantasy aside, reality must be acknowledged: Hong Kong will not allow any so-called “rebellion” to occur.
First, with the Sino-British Joint Declaration effectively undermined, the central government is no longer bound to follow the United Nations International Covenant on Civil and Political Rights (ICCPR). Analysts have reasonably pointed out that the National Security Law bypasses Hong Kong’s normal legal processes, showing that the city’s once-vaunted rule of law is eroding. Once developments are circumvented in this way, the central government deems it necessary to monitor speech through ad hoc legal measures. From the arrest of activists like Miles Kwan to the prolonged trial of Jimmy Lai, dissatisfaction with policies—whether large or small—is no longer tolerated.
The ICCPR’s Article 19 protects freedom of expression, including political commentary, criticism of the government, press, publications, and international exchanges. Independent media, investigative reporting, and critical journalism are foundational to civil society’s freedom of speech. Article 14 guarantees fair trial rights, encompassing independent and impartial courts, fair bail procedures, public hearings, and the right to full defense. Yet the central government has violated both of these basic provisions. Under the National Security Law, the legal definitions of “seditious acts” and “collusion with foreign forces” are extremely vague, turning normal journalistic and public speech—comments, interviews, and international engagement—into potential criminal acts, producing a severe chilling effect. Such vagueness in law itself constitutes an infringement on freedom of expression.
Similarly, fair trial rights are compromised: judges in national security cases are designated by the Chief Executive, bail thresholds are exceptionally high, trials may occur without a jury, and Beijing retains ultimate interpretation authority. UN human rights experts widely regard political cases subject to executive influence as violating fundamental fair trial standards under international law.
Articles 21 and 22, which protect freedom of assembly and association—including peaceful protests, political organizations, and normal operation of civil groups—have also seen clear regression in Hong Kong. Numerous civil organizations have disbanded, and protests are treated as potential national security risks, with participants possibly facing retrospective criminal liability—a disproportionate and preventive restriction.
UN human rights experts, special rapporteurs, and treaty monitoring committees have repeatedly pointed out that the National Security Law’s broad definitions and implementation methods do not meet the necessity and proportionality standards required under international human rights law. The core issue is not whether the state has the right to maintain security, but whether national security is being used to completely override human rights. Rights are not gifts from the government; they are protections that cannot be arbitrarily revoked. When “national security” becomes an infinitely expandable and unquestionable rationale, rights once guaranteed under the ICCPR cease to exist legally and become political privileges revocable at any time.
How the Central Government Circumvents the ICCPR
China’s ability to bypass the ICCPR is not accidental; it stems from its historical, selective participation in the UN human rights framework. China signed the ICCPR in 1998 but has never ratified it, meaning it has never formally recognized its legal binding force domestically. Under international law, unratified treaties do not create full legal obligations for the state. Moreover, China’s “dualist” legal system requires that international treaties be transformed into domestic law to be enforceable in courts; without this, they cannot be invoked or applied in judicial proceedings.
This design allows China to diplomatically acknowledge human rights values and participate in UN discussions while retaining complete interpretive and enforcement sovereignty domestically. Even though Article 39 of the Basic Law states that the ICCPR continues to apply in Hong Kong, its practical effect is constrained by the National People’s Congress Standing Committee’s ultimate interpretive authority and the constitutional priority of national security. Within this structure, the common law culture and human rights protections inherited from Britain are not outright rejected but are institutionally neutralized. When the central government deems certain rights in conflict with national security, international covenants and local constitutional commitments can be reinterpreted, suspended, or effectively set aside, without immediate international legal consequences.
This institutional reality explains why Jimmy Lai gradually lost legal protection. British-established common law in Hong Kong was founded on limiting power, prioritizing individual rights over the state, and judicial checks on the executive. Article 39 of the Basic Law was intended to lock in this system and the ICCPR so that post-handover Hong Kong residents would retain fundamental freedoms. However, China’s consistent refusal to ratify the ICCPR and insistence that international human rights treaties cannot override national sovereignty allows it, through NPC interpretations and the National Security Law, to nullify the covenant’s substantive force.
Jimmy Lai’s case is a concrete manifestation of this systemic shift. Activities that would have been protected—journalistic work, political commentary, international engagement—are no longer treated as protected civil rights but are redefined as security risks subject to state intervention. With Britain’s rights-centered legal culture powerless to check central authority, and the ICCPR legally unenforceable in China, Lai and all Hong Kong citizens have effectively lost the last line of institutional protection. China does not simply “violate” international human rights law; it uses institutional design and hierarchical restructuring of power to transform Hong Kong citizens’ freedoms and legal protections from inalienable rights into political privileges revocable at will.
Crucially, many Hong Kong citizens fail to recognize that the National Security Law’s revocation of freedom of speech is legally possible precisely because China has never formally recognized the ICCPR. Signing in 1998 without ratification, the ICCPR has never been incorporated into Chinese law, meaning it cannot be directly enforced in courts. Many mistakenly believe that Article 39 of the Basic Law guarantees irrevocable protection, ignoring that its practical effect is constrained by NPC interpretations and the constitutional prioritization of national security. Thus, the National Security Law, deemed to safeguard the country’s fundamental interests, reclassifies freedom of expression not as a right protected by international law but as an exception fully limited for security reasons. This is the harsh reality that citizens still hoping for “protection under international law” have yet to fully grasp.
Lessons from the Jimmy Lai Case
Jimmy Lai’s case transcends individual criminal liability or a single judicial ruling; it symbolizes a systemic transformation in Hong Kong. In a city that was once legally bound by the ICCPR, a media founder has been convicted for his journalistic stance, political commentary, and international engagement. This demonstrates that the National Security Law has effectively reshaped the boundaries of speech and the judiciary. The case reflects not merely a ruling against one defendant but a governance logic that redefines normal civic behavior as a national security risk. Under this logic, press freedom, fair trials, and civil society are no longer institutional cornerstones but variables that can be sacrificed. Lai’s trial marks a clear transition from rights protection to political permission.
In this harsh reality, leaving Hong Kong is not shirking responsibility; it is a rational choice for risk management. When institutional resistance has been criminalized, preserving personal freedom, dignity, and future prospects is often more practical than futile confrontation.
For those choosing to stay in Hong Kong, the priority is not nostalgia or sentiment but a clear-eyed recognition that Hong Kong no longer operates under the system promised by the Sino-British Joint Declaration. The city is fully integrated into China’s political and security governance framework. Within this structure, international support, foreign government statements, or UN mechanisms can offer only limited symbolic effect. This is not “foreign betrayal” but a reflection of international political realities. Residents staying must understand the choice they are making and bear the risks and restrictions of a contracting legal and civil environment.
For those considering emigration, illusions must be discarded. Certain institutional protections and freedoms once present in Hong Kong have effectively vanished and will not return simply because of personal desire. Those who ultimately stay must accept living in a society where speech, organization, and political participation are tightly constrained. For undecided individuals, the Jimmy Lai case is an unavoidable benchmark for careful consideration. It clearly defines the boundaries of systemic risk, and making the decision to leave at this stage is not yet too late.
For Hongkongers already abroad, the next challenge is not only to mourn what Hong Kong has lost but to rebuild life, identity, and future on new soil. Only then can leaving be more than retreat, instead becoming genuine rebirth and forward movement.

This year, the world has continued to pass through turmoil.
Israel has temporarily stopped its attacks on Gaza. I hope that this region, after nearly 80 years of conflict, can finally move toward peace. I remember when I was young, I believed that this land was given by God to the Israelites, and therefore they had the right to kill all others in order to protect the land that belonged to them. I can only admit my ignorance. Yet this did not cause me to lose my faith; rather, it taught me to seek and understand the One I believe in amid questioning and doubt.
December is the time when we remember the birth of Jesus Christ—a season when people would bless one another. Sameway sends blessings to every reader, whether you are in Australia or gone overseas. May you experience peace that comes from God, and not only enjoy a relaxing holiday with your family, but also share quality time together. Our colleagues will also take a short break, and we will resume publication in early January next year, journeying with our readers once again.
While our office will be relocating, the daily news commentary we launched on our website this year will continue throughout this period though. Our transformation of Sameway into a multi-platform Chinese media outlet will also continue next year. It is your support that convinces us that Sameway is not just a publication—it is a calling for a group of Christians to walk with the Chinese community. It is also the blessing God wants to bring to the community through us. We hope that in the coming year, Sameway will continue to stand firm as a Chinese publication committed to speaking truth.
Today, anyone making a request to U.S. President Trump must first praise his greatness and contributions—no different from the Cultural Revolution-style rhetoric we despise. Western politicians call this “political reality.” Russia, as an aggressor, shamelessly claims to “grant” conditions for peace to Ukraine, and other Western leaders must endure and compromise. Australians continue to face economic and living pressures, and immigrants are still scapegoated as the root of these problems, leaving people anxious. Sadly, last week Hong Kong suffered a once-in-a-century fire disaster, causing 151 deaths and the destruction of countless properties—a heartbreaking tragedy. Even more tragic is witnessing the indifference of Hong Kong officials responsible for the incident, and the fact that Hong Kong has now been fully absorbed into the Chinese model of governance—an authoritarian system dominated entirely by “national security” or the will of its leaders, where no one may question the truth of events or demand government accountability.
Yet, in the midst of such helplessness, I still believe that the God who rules over history is the same God who loves humanity—who gave His only Son Jesus to the world to redeem humankind.
Wishing all our readers a Merry Christmas and a Happy New Year! See you next year.
Mr. Raymond Chow, Publisher
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