Conviction verdict in first trial under Hong Kong security law

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HONG KONG (AFP) – The first person to be tried under Hong Kong’s sweeping national security law was charged with separatism and terrorism on Tuesday in a verdict indicted by human rights activists.

The Hong Kong High Court delivered its verdict in the case of Tong Ying Kit, 24. He is accused of driving his motorcycle among a group of police officers while carrying a flag bearing the protest slogan “Free Hong Kong, Revolution of Our Time” on July 1 last year, a day after Beijing imposed sweeping national security legislation in Hong Kong months later. of anti-government protests in 2019.

The ruling was closely monitored for indications of how similar cases might be dealt with in the future. More than 100 people have been arrested under the security legislation.

Tong has pleaded not guilty to charges of separatism and terrorism and an alternate charge of dangerous driving.

He faces a maximum life sentence, and his lawyers are expected to demand a lighter sentence at Thursday’s sentencing hearing.

Judge Esther Toh, when reading the ruling, said Tong had “committed terrorist activities that caused or intended to cause serious harm to society” in pursuit of a political agenda.

Tuh said his behavior was an act of violence designed to coerce the central and Hong Kong governments and intimidate the public.

She said that carrying the flag bearing a slogan constitutes an act of incitement to secession.

Because prosecutors were certain they had proven “every element” of the terrorism and separatist charges, they decided not to proceed with the dangerous driving charge.

Tong did not speak while reading the judgment and waved to his parents and others in the gallery as he was escorted out of the room.

The trial, which ended on July 20, was held in the High Court without a jury, under rules that allow exceptions to Hong Kong’s common law system if state secrets need to be protected, foreign forces are involved, or if jurors’ personal safety needs to be be protected. The trials are presided over by judges chosen by Hong Kong leader Carrie Lam.

Tong’s defense lawyer said it was impossible to prove that Tong was inciting separatism simply by using the slogan.

The defense also said there was no evidence that Tong committed the act intentionally, that he avoided colliding with officers and that his actions could not be considered terrorism because there was no serious violence or harm to society.

Amnesty International immediately denounced the ruling, calling it “the beginning of the end for freedom of expression in Hong Kong”.

“People should be free to use political slogans during protests, and Tong Ying Ket should not be punished for exercising his right to freedom of expression,” said Yamini Mishra, regional director for Asia and the Pacific, in an emailed statement. “It is particularly clear that he should not have been charged with a ‘national security’ offense with a possible life sentence.”

While Hong Kong has its own legislature, the ceremonial legislature in Beijing imposed the national security law on the semi-autonomous city after deciding that the assembly was unable to pass the legislation itself due to political opposition.

It followed increasingly violent 2019 protests against China’s growing influence over Hong Kong affairs, despite commitments to allow the city to maintain its own order for 50 years after its 1997 handover from British colonial rule.

China’s legislature has authorized changes to the composition of the city’s legislature to ensure an overwhelming pro-Beijing majority, requiring only those designated by “patriots” to accept their positions.

The authorities banned the protest slogan “Free Hong Kong, the revolution of our time,” noting that it had separatist connotations. Library books and school curricula were also investigated for alleged separatist messages.

Hong Kong’s last pro-democracy newspaper, Apple Daily, was forced out of business last month and a court denied bail to four editors and journalists detained on charges of endangering national security as part of a mounting crackdown.

Beijing has dismissed the criticism, saying it is merely restoring order to the city and imposing the same kind of national security protections found in other countries.

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