A Hong Kong court yesterday ruled that the trial of the first person charged under the National Security Law can be held without a jury, likely setting a precedent for future cases.
The Hong Kong Court of Appeal rejected a bid by Tong Ying-kit (唐英杰) for his trial to be heard by a jury, a break with the territory’s common law tradition. Instead, his case is to be decided by three national security judges picked by Hong Kong Chief Executive Carrie Lam (林鄭月娥).
The trial should be held before judges because the personal safety of jurors or their relatives could be threatened during the proceedings, the appeals judges said in a written ruling.
Tong’s trial on charges of incitement to secession and engaging in terrorist activities is to begin today.
The case is being watched for signs of how the Hong Kong government plans to handle the National Security Law, which allows for punishments of as long as life in prison for subversion, secession, terrorism and collusion with foreign powers
“The effort to deny Tong a jury trial could set a dangerous precedent, effectively allowing the government to deny all National Security Law defendants the right to a jury trial if they decide that doing so is in their interest,” said Thomas Kellogg, executive director of the Georgetown Center for Asian Law in Washington. “The government has been chipping away at various due process rights for the defendants since day one.”
Tong, a waiter, was among several people arrested over protests held on July 1 last year against the legislation, which was handed down by Beijing the previous night without input from the Hong Kong Legislative Council.
He is accused of driving a motorcycle into a group of police officers, while displaying a banner reading “Liberate Hong Kong; Revolution of our Times,” a popular protest slogan that authorities have banned under the national security legislation.
Meanwhile, the Hong Kong High Court yesterday approved bail for a democracy advocate who is among 47 charged with conspiracy to commit subversion under the legislation, public broadcaster RTHK reported.
Owen Chow (鄒家成), 24, who has been in jail for nearly four months, was ordered to pay HK$50,000 (US$6,439) and follow a list of bail conditions, including not threatening national security, reporting to police every day and surrendering all travel documents, RTHK reported.
Chow was the 12th democracy advocate in the case who was given bail while awaiting trial.
Chow and the other charged democracy advocates are accused of organizing and participating in an unofficial, non-binding primary poll in July last year that authorities said was part of a “vicious plot” to “overthrow” the Hong Kong government.
Additional reporting by Reuters
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