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Hong Kong national security law
Hong KongLaw and Crime

National security law: dangerous driving charge added to Hong Kong case against man who drove motorcycle into police

  • Prosecutors win right to bring traffic ordinance charge as alternative should they not be able to prove terrorism under Beijing-imposed law
  • High Court judges reject defence argument they were strictly limited to hearing security law cases

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Tong Ying-kit now faces a dangerous driving charge in addition to his alleged national security law offences. Photo: Cable TV
Brian Wong
The first person charged under Hong Kong’s national security law can be found guilty of dangerous driving even if prosecutors fail to prove he committed a terrorist act by driving a motorcycle into a group of police officers at a 2020 protest, the High Court has ruled.

Three judges appointed by the city’s leader to hear security law proceedings on Monday granted prosecutors’ request to press a third count of dangerous driving causing grievous bodily harm against Tong Ying-kit, just two weeks ahead of his trial on charges of terrorism and incitement to commit secession.

The fresh charge, which falls under the Road Traffic Ordinance, will serve as an alternative to the terrorism offence, meaning the court will only examine whether the 24-year-old defendant had violated the traffic law if there is insufficient evidence to convict him under the Beijing-imposed security law.

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Tong Ying-kit arrives at the High Court on Monday. Photo: K. Y. Cheng
Tong Ying-kit arrives at the High Court on Monday. Photo: K. Y. Cheng
The prosecution alleged Tong engaged in terrorism by ramming his motorcycle into three police officers during a July 1 rally last year. They further accused him of inciting others to commit separatist acts by waving a flag emblazoned with the popular protest slogan: “Liberate Hong Kong; revolution of our times”.
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Tong will stand trial on June 23 before three judges – Esther Toh Lye-ping, Anthea Pang Po-kam and Wilson Chan Ka-shun – who were hand-picked by Chief Executive Carrie Lam Cheng Yuet-ngor as members of a pool of jurists to oversee security law cases.

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