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No jury as Hong Kong's first trial under new national security law begins

Tong Ying-kit, 24, was arrested the day after the sweeping new law came into effect when he allegedly drove his motorcycle into a group of police officers during protests on July 1 last year.

Published: 23rd June 2021 10:14 AM  |   Last Updated: 23rd June 2021 10:14 AM   |  A+A-

Diplomatic representatives (L-R) from the US, Australia and New Zealand walk past police officers as they prepare to enter the High Court in Hong Kong for the case of Tong Ying-kit. (Photo | AFP)

Diplomatic representatives (L-R) from the US, Australia and New Zealand walk past police officers as they prepare to enter the High Court in Hong Kong for the case of Tong Ying-kit. (Photo | AFP)

By AFP

HONG KONG: The first trial under Hong Kong's new national security law began on Wednesday without a jury, a watershed moment for the financial hub's fast-changing legal landscape.

Tong Ying-kit, 24, was arrested the day after the sweeping new law came into effect when he allegedly drove his motorcycle into a group of police officers during protests on July 1 last year.

Footage showed his motorcycle was flying a flag that read "Liberate Hong Kong, revolution of our times", a popular pro-democracy protest slogan that is now deemed illegal under the security law.

Tong faces charges of inciting secession and terrorism, as well as a charge of dangerous driving.

He pleaded not guilty to all three charges as the trial began on Wednesday morning.

Two courts rejected Tong's plea to have his case heard by a jury, which his legal team had argued was a constitutional right given that he faces a life sentence if convicted.

Trial by jury has been a cornerstone of Hong Kong's 176-year-old common law system and is described by the city's judiciary on its website as one of the legal system's "most important features".

ALSO READ | Days after editors' arrest, Hong Kong's Apple Daily newspaper says it may shut down

But the national security law, which was penned in Beijing and imposed on Hong Kong last year after huge and often violent democracy protests, allows for cases to be tried by three specially selected judges.

The city's justice secretary invoked the no jury clause for Tong's trial arguing that juror safety could be compromised in Hong Kong's febrile political landscape, a decision first revealed by AFP.

Tong's legal team has yet to decide whether to bring their case to Hong Kong's Court of Final Appeal.

However, the wording of Beijing's security law makes clear that it trumps any local regulations in the event of a dispute, something successive court rulings have already upheld.

- Dozens charged -

Tong's case is unusual because he is the only Hong Konger so far charged under the security law with an explicitly violent act.

More than 60 people have now been charged under the legislation, including some of the city's best-known democracy activists, but their offences are related to political views or speech that authorities have declared illegal.

Hong Kong and Chinese authorities have hailed the security law for successfully restoring stability after the demonstrations that convulsed the finance hub in 2019.

But it has also transformed the city's political and legal landscape -- which was historically firewalled from the authoritarian mainland.

The law furthermore grants China jurisdiction over some cases and empowers mainland security agents to operate openly in the semi-autonomous city for the first time.

It has removed the presumption of bail for non-violent crimes. Those charged have to instead prove to judges they will no longer pose any sort of national security threat. 

The vast majority of those charged have been remanded into custody. Those released have faced a host of restrictions including house arrest, no contact with foreign officials and no media interviews or social media.

The law has also caused jitters within Hong Kong's business community. Last week it was invoked to freeze the assets of Apple Daily, a popular pro-democracy newspaper.

Under the security law, no court order or conviction is required for the government to freeze a company's assets and Apple Daily has since warned it will likely stop publishing this weekend.

Critics, including many Western nations, say China has broken its "One country, two systems" promise that Hong Kong could maintain key freedoms after its handover from Britain in 1997.



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