The first person charged under the National Security Law in Hong Kong is to face a trial without a jury, the territory’s High Court ruled yesterday, in a landmark decision that marks a departure from its common law traditions.
Police say Tong Ying-kit (唐英杰) carried a sign that read: “Liberate Hong Kong, revolution of our times,” and drove his scooter into officers during a protest on July 1 last year, knocking several down on the narrow street before falling over and getting arrested.
It was the first day on which the national security law was in force.
The law punishes anything authorities deem as secession, separatism, terrorism or collusion with foreign forces with up to life in prison.
Tong, 24, was among more than 300 demonstrators against the new law who were arrested that day, and was charged with inciting separatism and terrorism.
In February, Hong Kong Secretary for Justice Teresa Cheng (鄭若驊) informed the defendant’s legal team that his trial would be heard by three judges appointed for national security cases, instead of a jury, citing the “personal safety of jurors and their family members.”
Tong then filed for a judicial review of the decision.
High Court Judge Alex Lee (李運騰) rejected the application, saying in a written judgement yesterday: “There is nothing inherently unreasonable in directing a trial by a panel of three judges sitting without a jury, when there is a perceived risk of the personal safety of jurors and their family members, or that due administration of justice might be impaired.”
The Hong Kong Judiciary describes trial by jury as one of the most important features of the territory’s legal system, a common law tradition designed to offer defendants additional protection against the possibility of authorities overreaching their power.
In another departure from common law practices, the burden is now placed on the defendant to prove that they would not break the law if released on bail.
The trial is to start on June 23.
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