Hong Kong’s first national security trial to take place in June
Hong Kong’s first trial involving the national security law will begin on June 23, and by then, the defendant would have remained in custody for almost a year since his arrest in July.
Tong Ying-kit, 23, is charged with inciting secession and participating in terrorist activities after allegedly driving a motorcycle into a group of police officers during a protest on July 1, 2020. The motorcycle had a flag attached to it displaying the popular protest slogan, “Liberate Hong Kong, revolution of our times.”
The start date for Tong’s trial has been scheduled for June 23, making this the first prosecution for a national security crime to reach the trial phase. It is expected to last for 15 days in the High Court. Tong was denied bail on multiple occasions last year and remains in custody.
In February, Secretary for Justice Teresa Cheng informed Tong’s legal team that government prosecutors would oppose the appointment of a jury for the case. Cheng cited the safety of jurors and their family members as justification for the move.
This justification is provided for under article 46 of the national security law, which states that the secretary for justice may issue a certificate directing that national security cases be tried without a jury. In the absence of jurors, a panel of three judges designated by the chief executive to hear national security cases will preside over the trial.
High Court judges Anderson Chow, Lee Wan-tang, Anthea Pang and Esther Toh are among those known to have been so appointed, though neither the judiciary nor the Chief Executive’s Office has released a full list of the designated judges and magistrates.
Under the national security law, a person convicted of terrorist activities faces a prison term of between three and 10 years. The minimum penalty can increase to “not less than 10 years” in cases involving “serious bodily injury, death or significant loss of public or private property.”
Article 21 of the law stipulates a penalty of between five and 10 years for inciting secession if the circumstances are considered serious. The penalty can be reduced to “not more than five years, short-term detention or restriction” if the case is minor.
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