The Hong Kong teenager who became the first protester shot with a live round by police during 2019′s pro-democracy protests told Apple Daily that he won’t be turning up for a court hearing on Tuesday, and would rather live as a fugitive than risk being held in custody indefinitely.

Tsang Chi-kin, 19, was shot point-blank in the chest during a Tsuen Wan protest on Oct. 1, 2019, and was left in critical condition. Tsang was charged with rioting and his lawyer previously said that a guilty plea might be possible. Tsang also faces two counts of assaulting police related to events on Oct. 1.

Ahead of a scheduled District Court hearing on Tuesday, Tsang contacted Apple Daily through an overseas support group for Hong Kong protesters, saying that he would rather live as a fugitive instead of surrender himself to authorities. He did not disclose his present location or future plans.

Tsang revealed that he was among the group of protesters that tried to seek refuge at the U.S. Consulate on Oct. 27 this year. The attempt failed after the group was turned away by consulate staff – a decision Tsang described as a “betrayal.”

Tsang said the consulate incident might result in further charges against him, such as secession under the national security law, which carries a maximum penalty of life in prison. He said he decided to flee after considering that he might be kept in custody indefinitely.

The student from Tsuen Wan Ho Chuen Yiu Memorial College said he “refused to submit” to Hong Kong’s judicial system as it was unjust. He was prepared to live as a fugitive so long as he enjoyed “spiritual freedom,” he said.

Tsang said he might not have chosen such a dangerous course if the incident with the U.S. consulate hadn’t taken place. “But now that things have come to this, I will take good care of myself and never give up,” he said.

On the morning of Oct. 27, student activist Tony Chung was arrested by national security police near the U.S. Consulate in Central. He has since been convicted on separate charges and is remanded in custody to await trial on national security charges.

Later on the same day, four people – including Tsang and a person going by the name of Ansen, a U.S. citizen – entered the consulate to seek refuge. Ansen told Apple Daily that the group, along with Chung, had originally planned to seek political asylum and assistance in leaving Hong Kong. The group had communicated with the consulate multiple times prior to the visit, but consular staff refused to help on the day they arrived, he said.

Tsang said that other members of the group are safe for now. He has cut off communications with friends and family after choosing to seek asylum, he added. Tsang said he will not disclose his location to his 15-year-old girlfriend Aurora, who separately fled to the U.K. last week.

A spokesperson for U.K.-based group “Friends of Hong Kong,” named Malcolm, said the group cannot comment on the situation of the four people who sought asylum in October. The situation is developing and involves multiple countries, he said.

A consular official denied that any American citizen had been turned away. The official told Apple Daily that the U.S. mission was unable to comment due to privacy considerations. The consulate provides routine and emergency services to any American citizens who require assistance, the official said.

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