The trial of the primary individual charged beneath Hong Kong’s nationwide safety regulation is about to wrap up on Tuesday, with the defendant denied bail and a jury in a landmark case that critics say is a departure from widespread regulation.
Former waiter Tong Ying-kit, 24, has pleaded not responsible to costs of terrorism, inciting secession in addition to another cost of harmful driving inflicting grievous bodily hurt on July 1 final yr, shortly after the regulation was enacted.
Hong Kong’s widespread regulation has historically allowed defendants to hunt launch until prosecutors can present lawful grounds for his or her detention.
Under the brand new regulation, which some Western governments and rights teams say is getting used to crush dissent within the world monetary hub, the burden rests with the defendant to show theywill not break the regulation if launched on bail.
The governments in Beijing and Hong Kong have mentioned repeatedly the brand new regulation was essential to carry stability to the previous British colony after anti-government protests in 2019.
Tong’s trial is being presided over by three judges handpicked by Hong Kong’s pro-Beijing chief, Carrie Lam, to listen to nationwide safety circumstances: Esther Toh, Anthea Pang and Wilson Chan. There is not any jury.
Hong Kong’s Judiciary describes trial by jury as one of the crucial vital options of town’s authorized system, a common-law custom designed to supply defendants further protectionagainst authorities’ overreaching their energy.
Article 46 of the safety regulation – drafted by Beijing, the place courts are managed by the Communist Party and conviction charges are near 100% – states three situations during which juries will be scrapped: defending state secrets and techniques, circumstances involving overseas forces and defending jurors’ security.
Tong, the primary of greater than 120 folks arrested beneath the safety regulation, is accused of driving his motorcycle into officers at a rally whereas carrying a flag with the protest slogan “Liberate Hong Kong, Revolution of our times”.
The interpretation of the protest slogan is a key ingredient of the trial. The authorities has mentioned it suggests a name for independence, which might violate the safety regulation. Defence legal professionals argue it’s a phrase with numerous meanings, together with the will for freedom and democracy.
Tong’s destiny may sign how the courts will deal with scores of different nationwide safety circumstances.
