First person charged under Hong Kong’s national security law loses bid for a jury trial

Tong Ying-kit, accused of driving his motorcycle into a group of police officers, will have his case heard by three judges hand-picked by city leader Carrie Lam

High Court judge Alex Lee rules the provision for trial by jury contained in the Basic Law overridden by national security law

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Tong Ying-kit, 24, is accused of ramming his motorcycle into a group of police during a July 1 demonstration. Photo: Cable TV

Published: 12:16pm, 20 May 2021Updated: 11:26pm, 20 May 2021

The trial of the first person charged under Hong Kong’s national security law will be heard without a jury after a court found that judgment by one’s peers was not a constitutional right.

High Court judge Alex Lee Wan-tang ruled on Thursday the provision for trial by jury contained in the Basic Law mini-constitution was overridden by the security law that allowed for cases to be heard only before judges.

Lee also found that Secretary for Justice Teresa Cheng Yeuk-wah had no obligation to consult or inform defendant Tong Ying-kit of her decision to exclude a jury.

Under the city’s common law tradition, criminal trials at the High Court are heard before a judge and a jury.

Tong Ying-kit, 24, is taken from his prison cell to a court hearing in August. Photo: Handout

Tong, 24, faces up to life in jail on charges of terrorism and incitement to commit secession after he allegedly rode a motorcycle into a group of police officers while calling for the city’s liberation last year.

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