National security law: historian to argue Hong Kong protest slogan incites separatism in first trial under Beijing-imposed legislation

A pro-government historian is set to appear for the prosecution in the first trial under Hong Kong’s national security law, arguing a popular protest slogan displayed by the defendant incites others to commit separatist acts.

The High Court on Tuesday heard that Lingnan University vice-president Lau Chi-pang would give evidence on what he called the criminal nature of the “Liberate Hong Kong; revolution of our times” slogan during the June 23 trial of Tong Ying-kit.

Tong, 24, has been charged with terrorism for allegedly riding a motorcycle into police officers during a July 1 protest last year. He also faces a count of incitement to commit secession for carrying a flag emblazoned with the slogan.

In his testimony, the history professor is expected to assert that the rallying call of the 2019 anti-government protests should be interpreted as encouraging others to engage in acts towards separating Hong Kong from China, based on how the wording was historically understood.

The prosecution move to draft in the academic was revealed in a pre-trial hearing, which was held in open court under a special arrangement implemented in light of an earlier decision for the defendant not to be given a jury trial.

Judge Esther Toh Lye-ping told the court: “In this case as there is no jury for the trial we decide in the interest of open justice we made this hearing open to the public with the consent of counsels of both parties.”

During the hearing, defence lawyers requested postponing the trial to give them time to find another expert who could give evidence in support of their client.

A delay was also necessary in view of Tong’s pending application for judicial review of prosecutors’ decision to exclude jurors from the proceedings, they said.