National security law: first person charged may challenge no-jury move, but faces difficult task to overturn decision, experts say

Name: What you should know about China's new national security law for Hong Kong
Uploaded: 2021-02-09T14:06:02.000Z
Duration: 5 min 50 s
Description: What you should know about China's new national security law for Hong Kong

Tong Ying-kit is accused of riding a motorcycle into police officers during a July 1 protest last year

Bid to challenge prosecutors’ decision to remove jury could be affected by Court of Final Appeal ruling in Jimmy Lai case

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The Lady Justice statue atop the Court of Final Appeal in Hong Kong. Photo: Bloomberg

Jasmine Siu

Published: 10:06pm, 9 Feb 2021Updated: 12:33am, 10 Feb 2021

The first person charged under Hong Kong’s national security law may challenge prosecutors’ decision to remove jurors from his trial, but is expected to face an uphill battle following the top court’s latest ruling on its jurisdiction.

Tong Ying-kit, who is accused of riding a motorcycle into police officers during a July 1 protest last year, is exploring the possibility of challenging the decision for him to be tried by three High Court judges designated by the city’s leader under the Beijing-imposed legislation, according to a legal source.

The lawyer also confirmed that Secretary for Justice Teresa Cheng Yeuk-wah’s decision was tied to concerns about the safety of jurors and their family, as well as the real risk the administration of justice might be impaired.

Officials, citing ongoing proceedings, have sidestepped questions about the reasons for invoking the legislation’s provision to hold a trial by judges, instead of in front of a jury, in the present case over charges of inciting secession and terrorism.

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What you should know about China's new national security law for Hong Kong

The jury-free arrangement was among the legislation’s provisions attracting a cascade of criticism from legal experts when the law came into force last June – and some believe it can be challenged through a judicial review.