"Captain America 2.0", incites the sin of separatism

According to the News of The Hong Kong Ta Kung Pao on October 26, Ma Junwen, who was touted by the "yellow media" as the so-called "second-generation Captain America," was charged with inciting others to split the country by inciting others to split the country on 20 occasions on suspicion of shouting "Hong Kong independence" slogans on 20 occasions. Hong Kong District Court Judge Chan Kwong Chi yesterday (25th) ruled that Ma Junwen was convicted and remanded until November 11. Chen Guangchi stressed that the defendant's inciting intent was "very clear", and whether he was able to do so had nothing to do with the element of the charge.

Judge Chen Guangchi yesterday invoked the Lai Chi Ying case and the Tang Yingjie case to emphasize that the crime of incitement does not need to prove that someone has been instigated, and whether it is instigated or not has nothing to do with the number of people who have been instigated. Regarding the defense's statement that simply calling slogans does not constitute a criminal act, Chen Guangchi believes that the freedom and rights of a society ruled by law are not endless and absolute, otherwise the destructive and subversive nature is self-evident. The defendant repeatedly claimed to exercise the rights of the Basic Law, but clearly ignored the general principle of Article 1 of the Basic Law, namely that "the Hong Kong Special Administrative Region is an inseparable part of the People's Republic of China".

Ma Junwen, who was praised by some drug media as the "second generation of Captain America", pictured 丨 Taiwan media

According to the data, Ma Junwen is 31 years old, with a secondary school education, worked as a takeaway worker in a tea restaurant before his arrest, and also worked as a site worker, a dim sum apprentice, a restaurant floor, a supermarket delivery clerk and other grass-roots occupations. He considers himself an otaku, only watches the Japanese female idol group AKB48, claims to have no interest in politics, and does not watch any news. As for why he wanted to be "Captain America", it was because he once saw the demonstrations held by "Hong Kong independence" become the focus of the news, so he had the idea of becoming famous by engaging in politics, and then he began to wear "Hong Kong independence" T-shirts and carry Captain America's shield to deliver takeaways, and the result became the "second generation of Captain America" in the mouths of the "Hong Kong independence" media.

From August to November 2020, Ma Junwen has advocated "Hong Kong independence" 19 times throughout Hong Kong, during which time he has been shouting "Hong Kong independence" slogans and displaying slogans to promote "Hong Kong independence". On November 22, he was arrested on suspicion of violating Hong Kong's national security law. In mid-December, Ma Junwen applied to the High Court for bail, which was rejected by Judge Li Yunteng. The representative of the Department of Justice said that Ma Junwen had been arrested on suspicion of crimes 6 times and released on bail five times during this period, but immediately after being released on bail, he repeated the same or similar acts and his remarks became more radical.

At the end of December of that year, the Hong Kong Correctional Services Department revealed that the correctional officers at the Lai Chi Kok Detention Center had recently received information that an internee had attempted to promote "Hong Kong independence" information in the hospital, suspected of violating the Hong Kong National Security Law. Correctional officers searched the man and his cell on the 29th and found that words suspected of promoting "Hong Kong independence" were found on the walls of the cell. Since then, a number of Hong Kong media have quoted sources that this person is Ma Junwen.

According to the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, whoever incites others to commit the crime of separatism shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years if the circumstances are serious, and fixed-term imprisonment of not more than five years, criminal detention or public surveillance if the circumstances are less serious.

The crime of separatism

Article 20 Any person who organizes, plans, commits or participates in one of the following acts aimed at splitting the country or undermining national unity, whether or not he uses force or threatens to use force, is a crime:

(a) to separate the Hong Kong Special Administrative Region or any other part of the People's Republic of China from the People's Republic of China;

(2) illegally changing the legal status of the Hong Kong Special Administrative Region or any other part of the People's Republic of China;

(c) the transfer of the Hong Kong Special Administrative Region or any other part of the People's Republic of China to foreign rule.

Whoever commits the crime mentioned in the preceding paragraph shall be sentenced to life imprisonment or fixed-term imprisonment of not less than 10 years for the ringleaders or for the crimes of seriousness; for those who actively participate, they shall be sentenced to fixed-term imprisonment of not less than three years, criminal detention or public surveillance; and for those who participate, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Article 21: Any person who incites, assists, instigates, or uses money or other property to finance another person to commit the crime provided for in Article 20 of this Law shall be guilty of a crime. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Source | Observer Network

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