© Reuters. Police stand guards as a jail van arrive Excessive Courtroom on the primary day of trial of Tong Ying-kit, the primary individual charged beneath a brand new nationwide safety regulation, in Hong Kong, China June 23, 2021. REUTERS/Tyrone Siu
By Sara Cheng
HONG KONG (Reuters) – The trial of the primary individual charged beneath the nationwide safety regulation in Hong Kong begins on Wednesday, virtually a 12 months after he was charged with driving his bike into officers throughout a rally whereas carrying a flag with a protest slogan.
The case of Tong Ying-kit is seen as a departure from Hong Kong’s widespread regulation traditions, as he was denied bail and a jury, and a take a look at of the federal government’s declare that the slogan “Liberate Hong Kong! Revolution of our occasions” is secessionist.
Tong, 24, was arrested on July 1, 2020, hours after the enactment of the nationwide safety regulation, which punishes what China deems as subversion, secessionism, terrorism and collusion with international forces with as much as life in jail.
Tong faces prices of terrorism and inciting secession, in addition to another cost of harmful driving inflicting grievous bodily hurt, which might result in as much as seven years in jail.
Tong has been denied bail. Hong Kong’s widespread regulation has historically allowed defendants to hunt launch until prosecutors can present lawful grounds for his or her detention. Underneath the brand new regulation, the burden is now positioned on the defendant to show they won’t break the regulation if launched on bail.
On Tuesday, the Courtroom of Attraction upheld a call to disclaim Tong a trial by jury, citing a menace to the non-public security of jurors and their members of the family.
His trial will probably be held by a panel of three judges as a substitute: Esther Toh, Anthea Pang and Wilson Chan.
Hong Kong’s Judiciary describes trial by jury as one of the vital necessary options of town’s authorized system, a standard regulation custom designed to supply defendants further safety in opposition to the potential for authorities overreaching their energy.
Article 46 of the safety regulation – drafted by Beijing, the place courts are managed by the Communist Social gathering and conviction charges are near 100% – states three situations by which juries could be scrapped: defending state secrets and techniques, instances involving international forces and defending jurors’ security.
Fusion Media or anybody concerned with Fusion Media is not going to settle for any legal responsibility for loss or injury because of reliance on the knowledge together with knowledge, quotes, charts and purchase/promote indicators contained inside this web site. Please be totally knowledgeable relating to the dangers and prices related to buying and selling the monetary markets, it is likely one of the riskiest funding varieties doable.