Hong Kong national security law: suspect’s release bid first test for city’s judges on defendant’s rights versus new legislation
- Tong Ying-kit to apply for a writ of habeas corpus at the Court of First Instance
- Tong was remanded into custody over incident during July 1 protest
Tong Ying-kit, 23, will apply for a writ of habeas corpus at the Court of First Instance, in an unprecedented challenge that will be the first test of how the city’s judges deal with common law rights versus legislation imposed by Beijing, a non-common law jurisdiction.
Under common law, lawyers can apply to a judge for the release of their clients unless officials can show lawful grounds for their detention.
But lawyers say such a right has not been spelt out clearly in the new law, which has laid down a different set of bail conditions for cases charged under it.
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What you should know about China's new national security law for Hong Kong
Defendants are required to prove they will not breach the new law during their bail period, as opposed to the usual burden which rests with prosecutors, who, among other things, most show the suspect is a flight risk, or could obstruct witnesses.