First National Security Law Breach Trial Begins in Hong Kong

Published on : 06/23/2021 – 09:55

The first trial of a person charged with violating national security law opened Wednesday, June 23 without a jury in Hong Kong, marking a turning point for the justice system at the international financial center.

At the start of the trial, Tong Ying-kit, 24, who was appearing for terrorism, incitement to secession and dangerous driving, pleaded not guilty.

He was the first Hong Kong citizen to be indicted last summer under this draconian law, which became the first legal instrument for the takeover of the territory by the Chinese Communist authorities.

Tong Ying-kit is accused of having, on July 1, 2020, a few hours after the entry into force of the law, deliberately hit a group of police officers on a motorcycle, three of whom were injured.

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Images show him committing the facts, while displaying a flag that reads “Free Hong Kong, the revolution of our time.” Such a slogan of the pro-democracy movement is now considered to violate the national security law and is punishable by life imprisonment.

Tong Ying-kit was refused bail. Hong Kong common law allows defendants to seek release unless prosecutors can demonstrate that there are legal grounds for their detention. Under Beijing’s new law, the onus is now on the defendant to prove that he will not break the law if he is released on bail.

A judgment without a jury

He had appealed to two courts against the Justice Department’s decision to try him without a jury. His appeal had been rejected, notably by the High Court.

Until the entry into force of the National Security Law, the presence of a jury was an obligation to try crimes of such seriousness.

Serious crimes have been tried by juries in Hong Kong for 176 years. On its website, the Hong Kong justice even sees this requirement as “one of the most important aspects” of the local judicial system.

But the law on national security provides that certain criminal cases are tried by a panel of three magistrates.

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This legislation was imposed by Beijing in response to the immense pro-democracy mobilization of 2019, when Hong Kong had for months been the scene of almost daily demonstrations and actions to denounce China’s interference in the affairs of its territory in semi-autonomous theory.

The law addresses offenses relating to secession, subversion, terrorism and collusion with foreign forces. In fact, its very vague formulation made it possible to suppress any dissenting voice.

More than sixty people have been charged with breaking this law, including many figures in the democracy movement. And most are currently in pre-trial detention.

With AFP and Reuters