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Deepline | Sanctions lobbying as 'politics'? A question any rule-of-law society must face

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2026.11.09 12:13
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Joshua Wong in a protest in Sept. 2019 (Wen Wei Po)

After Joshua Wong was sentenced by Hong Kong's High Court following his guilty plea to conspiracy to collude with foreign or external forces to endanger national security, governments and organizations across the United States, the United Kingdom, the European Union, and beyond issued swift condemnations. The dominant storyline was familiar: that the case represents political persecution, that the Hong Kong National Security Law is being weaponized against dissent, and that Hong Kong's judiciary can no longer be considered independent.

That narrative becomes far less coherent when the legal posture and the underlying conduct are placed back at the center of the discussion. The debate is not truly about whether someone may hold or express pro-democracy views, nor is it about ordinary criticism of the Hong Kong government. The more fundamental question is whether coordinating with foreign political forces to pressure one's own jurisdiction through sanctions or other hostile measures should be treated as routine political participation in any serious rule-of-law society.

What the controversy brings into focus are three realities that much Western commentary is reluctant to confront.

1) This was not a "speech crime"—and it was not a contested conviction.

A crucial element is often blurred or omitted: Wong pleaded guilty after receiving legal advice and reviewing the prosecution's case and evidence. The court was not asked to decide between competing factual narratives after a full trial in which the defendant denied the allegations. The proceedings moved to sentencing on the basis that the defendant had admitted the offense and the relevant facts supporting it.

Yet external commentary frequently reframed the outcome as if it were the product of punishing beliefs or political expression. That framing overlooks the central point that the court process proceeded on admitted conduct, not merely on advocacy, slogans, or criticism. Whatever one's political sympathy, an honest assessment must distinguish between protected expression and organized efforts to enlist external power against one's own jurisdiction.

2) No sovereign state treats foreign-sanctions lobbying as "just normal politics."

Strip away the geopolitical context and the issue becomes easier to see. If a citizen in the United States organized a sustained international campaign urging foreign governments to sanction U.S. officials, restrict U.S. interests, or revoke preferential treatment to force policy change, would American authorities regard that as ordinary political participation—especially where national security was implicated? The same question applies to the United Kingdom, France, Germany, Canada, or Australia.

In practice, modern states draw a clear distinction when politics becomes foreign leverage—especially when the objective is punitive state action such as sanctions, blockades, or coordinated hostile measures. The principle is not unique to China. It is anchored in the basic logic of sovereignty: governments are expected to defend constitutional order, national security, and core interests against external interference.

This is why the central dispute is not "democracy versus authoritarianism" in the abstract, but rather whether calls for foreign punitive measures against one's own jurisdiction should be treated as harmless expression or as conduct that many states would examine through a national-security lens.

3) The loudest critics often apply a double standard—and then call it "rule of law."

In recent years, Western countries have been strengthening legal tools against foreign interference. The U.S. has elevated foreign influence operations as a national security priority. The U.K. has enacted new national security legislation. Australia has established transparency and counter-interference frameworks. Canada has also moved to reinforce its policy and legal posture in this area.

The shared logic is straightforward: when external forces attempt to influence domestic politics, policy, or national interests, the state intervenes. But when Hong Kong applies similar national-security reasoning under its own legal framework, some critics rebrand the very same concept as oppression—using one vocabulary at home ("national security," "counter-interference") and another abroad ("political persecution," "crackdown on dissent").

That inconsistency is not simply rhetorical. It erodes the credibility of the legal critique because it suggests the conclusion is driven less by legal principle than by political alignment.

Rule of law is about procedure and evidence—not whether outsiders like the result.

Some argue the case proves Hong Kong's rule of law has collapsed. But the meaning of rule of law is not that courts must reach outcomes that satisfy foreign governments, NGOs, or editorial boards. It is that cases are handled through established legal procedures: defendants have legal representation, decisions are made within a legal framework, proceedings are conducted openly under the common-law tradition, and parties retain rights such as appeal.

If "judicial independence" is recognized only when a judgment aligns with a preferred political narrative, then what is being defended is not judicial independence, but a political position. Courts are not meant to decide cases by reference to overseas statements or international press releases; they decide by law, evidence, and procedure. That—unfashionable as it may be in polarized times—is precisely what independence looks like.

A deeper credibility problem

Western governments are entitled to speak, as any government may. But insisting that Hong Kong should set aside its own legal system or should exempt politically prominent defendants from national-security laws effectively denies the universality of the very principles often invoked—sovereignty, non-interference, and equal application of law.

In that sense, the most revealing feature of the Wong verdict may not be a crisis of Hong Kong's rule of law but a crisis of credibility in the external discourse surrounding it: universal principles are presented as universal, yet applied selectively when the jurisdiction in question is Hong Kong or China.

(Source: Lee Wing-cheung Virginia , practicing lawyer and a PhD candidate in Political Science at the School of International Studies, Jinan University.)

Tag:·Joshua Wong ·Hong Kong's judiciary ·National Security Law

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