Hong Kong national security law: first person charged under legislation remanded after bail application rejected
- Tong Ying-kit faces secession and terrorism charges in relation to incident on July 1
- He is accused of riding a motorcycle into group of police officers while carrying flag calling for liberation of city
05:50
What you should know about China's new national security law for Hong Kong
The 23-year-old man, who has been in hospital with a fractured leg and appeared in the dock in a wheelchair alongside four officers, has been charged with inciting secession and engaging in terrorism.
Defence lawyer Lawrence Lau Wai-chung said outside court that he was told his client would be remanded to Lai Chi Kok Reception Centre. He said he might renew Tong’s bail application at the High Court.
The secession charge said Tong incited others in Wan Chai district near Hennessy Road to “organise, plan, commit or participate in acts” with a view to separating the city from mainland China.
The terrorism charge said he used or intended to use serious violence or commit other dangerous activities that gravely jeopardised public security.
Court documents did not spell out the specific acts of the offences.
Prosecutor Anthony Chau Tin-hang revealed that three officers had suffered serious injuries in the incident, including displacement of the spine, rib fractures and bruises, with one of them still in hospital.
He asked chief magistrate Victor So Wai-tak for a three-month adjournment to allow for police investigation, including gathering security footage and news clips from open sources, and examining the defendant’s motorcycle and mobile phone.
Lau asked the magistrate to shorten that to two months, saying the high threshold for bail under the national security law meant the court should take a strict approach to prosecution requests for time extensions.
But So granted the prosecutors’ application and scheduled the next hearing for October 6.
Hong Kong national security law official English version:
He denied Tong bail in a decision the magistrate said was made after considering the requirements of Article 42 of the national security law.
The provision states a judge will refuse bail to defendants charged under the new legislation unless there is sufficient reason to believe they will stop committing acts which endanger national security.
That requirement is contrary to common law practice, where judges should grant bail unless there are reasons to believe a defendant may abscond or interfere with prosecution witnesses.
On Tong’s condition, Lau told the press: “His spirit and body are fine. He would like to ask all of the people to continue to fight on.”
Serious cases in the city’s common law system typically involve trials by jury and have no minimum sentence, but under Beijing’s new national security law for Hong Kong, defendants can be tried by a three-judge panel and minimum sentences of up to 10 years apply in severe instances.
But Beijing could exercise jurisdiction over complicated cases where the suspects can be extradited to mainland China for trials.
