Pro-democracy protester given 9-year term

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An armed police officer escorts a truck (behind) transporting Tong Ying Kit as he arrives at West Kowloon Court in Hong Kong, July 6, 2020.

Isaac Lawrence | AFP | Getty Images

A pro-democracy protester was sentenced Friday to nine years in prison in the first closely watched case under Hong Kong’s national security law as the ruling Communist Party tightens its grip on the territory.

Tong Ying Kit, 24, was convicted of inciting separatism and terrorism for driving his motorcycle to a group of police officers at a rally on July 1, 2020. A flag carried his banned slogan “Free Hong Kong Revolution of Our Time.”

Beijing imposed the security law on the former British colony last year in the wake of anti-government protests that erupted in mid-2019.

The sentence was significantly longer than the three years requested by the prosecution. Tong’s defense lawyers appealed no more than 10. He faced life imprisonment.

Critics accuse Beijing of violating the Western-style autonomy and civil liberties it promised Hong Kong when it returned to China in 1997 and damaging its status as a trade and financial center.

Officials dismiss the criticism and say Beijing is restoring order and putting in place security protections like those in other countries. More than 100 people were arrested under the Security Act.

Defense attorneys said Tong’s sentence should be light because the three-judge panel did not find that the attack was premeditated, no one was hurt, and the offense of separation is considered minor under the law.

On Friday, Tong wore a black shirt and tie with a blue jacket throughout his trial.

The three-judge panel ruled Tuesday that Tung’s actions were an act of violence designed to coerce the Hong Kong and mainland governments and intimidate the public. She argued that carrying the flag was an act of separatism, rejecting defensive arguments that Tong could be shown to incite secession only by using the slogan.

Tung’s trial was conducted without a jury under rules allowing an exception to the British-style common law system in Hong Kong if state secrets needed to be protected or foreign forces were involved. The judges were selected by Hong Kong Chief Executive Carrie Lam.

Hong Kong’s last pro-democracy newspaper, Apple Daily, shut down last month after journalists and executives were arrested. Its owner, Jimmy Lai, is serving a 20-month prison sentence and faces further charges of conspiring with foreigners to endanger national security.

Also last year, the Hong Kong legislature was rearranged to reduce the public’s role in selecting lawmakers and ensure a majority for Beijing-allied figures. The rules for elected officials have been tightened to require them to be considered patriots.

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