Hong Kong’s national security law violates arbitrary detention protections, lawyers argue in first constitutional challenge to legislation

The article in question acts as an effective ‘no bail’ provision, says defence team for Tong Ying-kit, accused of riding motorcycle into group of police

But government lawyers call attempt to seek writ of habeas corpus an ‘abuse of process’, saying the defendant can simply apply for bail

3-MIN READ3-MIN

Tong Ying-kit, 23, arrives in court on Wednesday, where his defence team mounted a legal challenge of the new national security law’s rules governing bail. Photo: K. Y. Cheng

Published: 7:31pm, 5 Aug 2020Updated: 11:05pm, 5 Aug 2020

Hong Kong’s new national security law violates constitutional protections on presumption of innocence and against arbitrary detention, lawyers for the first defendant to seek bail under the sweeping legislation have argued.

But the government suggested Tong Ying-kit’s application for a writ of habeas corpus be dismissed as an “abuse of process”, while also admitting it was not ready for substantive arguments and needed more time to prepare.

Tong was accused of riding his motorcycle into a group of police officers during a July 1 protest, while carrying a flag bearing the popular protest slogan “Liberate Hong Kong; revolution of our times”.

Tong Ying-kit, sitting next to the window, is accused of riding his motorcycle into a group of police officers at a July 1 anti-government protest. Photo: K. Y. Cheng

He had been at the Lai Chi Kok Reception Centre since July 6, when he was first brought to court to face charges of inciting secession and engaging in terrorism before Chief Magistrate Victor So Wai-tak.

The unprecedented constitutional challenge hinges on the interpretation of Article 42 under the new law, which specifies that “no bail shall be granted … unless the judge has sufficient grounds for believing the criminal suspect or defendant will not continue to commit acts endangering national security”.