中心助理教授向凡:《The Rise, Fall, and Resurgence of the Sedition Law in Hong Kong》发表于《The China Review》2025年第4期。向凡为第一作者、通讯作者,《The China Review》为SSCI一区刊物。
【Abstract】:The archaic offence of sedition has been repealed or restricted in manycommon law jurisdictions in response to evolving human rights expectations. However, it persists in some regions and remains rigorouslyenforced in accordance with their specifc socio-legal contexts. Post-2019 Hong Kong exemplifes this trend, with the sedition law-dormantfor about half a century-revived to protect national security. Thisarticle examines the development of sedition law in Hong Kong,focusing particularly on its enforcement from November 2019 to March2024. It finds that, unlike its use during the British Hong Kong periodprimarily against opposition,media, the post-2019 application of thesedition law applies to both leading opposition fgures and ordinaryindividuals. Any expression deemed seditious-whether online orofine, domestically or abroad-is subject to criminal liability, reflectinga shift in prosecutorial policy covering seditious acts by anyone,anywhere. Additionally, during this resurgence, Hong Kong's courtsgenerally upheld prosecutions and placed limited weight on foreignlegal developments, resulting in a complete conviction rate. Thedetermination of law enforcers, coupled with legislative reforms inMarch 2024 that rendered previously arguable issues less so, suggeststhat exercising caution and restraint remains important. The analysisaims not only to deepen understanding of Hong Kong's evolving legallandscape under the new security framework but also to offer broaderinsights into how sedition laws might be applied in other common lawjurisdictions that retain them.