Hong Kong’s first trial under new national security law begins without a jury
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Tong Ying-kit, 24, pleaded not guilty to two charges of inciting secession and terrorism activities after allegedly driving his motorbike into a group of police officers and injuring three at a pro-democracy protest last July.
He was allegedly carrying a banner that read “Liberate Hong Kong” at the time — grounds for inciting secession under the new law, prosecutors said.
Tong also faces an alternative charge to the terrorism count of dangerous driving causing grievous bodily harm, to which he also pleaded not guilty.
Under the provisions of the law, Tong’s 15-day trial is being held without a jury, marking a significant departure from Hong Kong’s previous legal system.
Here’s what you need to know about the law — and how we got here.
What is the national security law?
The law criminalizes political dissent and offenses that challenge Beijing’s rule over semi-autonomous Hong Kong.
But the offenses are vaguely defined and wide-ranging; for instance, vandalizing public property or government premises — like protesters did in 2019 during massive demonstrations — are now considered terrorist activities.
Calling for Hong Kong independence now counts as a crime under “secession,” which is what Tong is charged with.
At court last July, Tong’s lawyer argued the interpretation and meaning of his “Liberate Hong Kong” banner is subjective, and it does not necessarily mean inciting secession or wishing to change the legal status of Hong Kong.
As the first trial under the security law, Tong’s case will be key in determining whether certain pro-democracy slogans will be deemed illegal — and will set a benchmark for how Hong Kong courts interpret the law and its provisions going forward.
The Hong Kong legal system, heavily influenced by British common law, has relied on trial by jury throughout its history. A 2003 government report noted that trial by jury was one of the “key features of the Hong Kong legal system.” But under the national security law, Beijing can take over national security cases in special circumstances — and if it involves “state secrets or public order,” it can mandate a closed-door trial with no jury.
The law also dramatically broadens the powers of local and mainland Chinese authorities to investigate, prosecute and punish dissenters, while granting mainland security agents the power to operate openly in Hong Kong for the first time.
Other provisions include the introduction of “national security education” in schools, stronger government “management” of foreign news media and NGOs, greater wiretapping abilities for police, and more.
Why is it happening now?
The national security law is not a new concept — but it was passed under unique circumstances that marked a turning point for the city.
Beijing had been asking Hong Kong to pass a national security law since the former British colony was handed back to China in 1997. But the local government backed down from its previous legislative attempts after facing fierce public opposition and protests, much to China’s frustration.
The bill was first proposed on May 22 at the National People’s Congress (NPC) and promulgated just weeks later, bypassing the local legislature.
While Hong Kong has an independent legal system, a back door in its mini-constitution allows Beijing to make laws in the city — meaning there wasn’t much the Hong Kong public or leadership could do about it.
Following its introduction, Hong Kong leader Carrie Lam has repeatedly and strenuously defended the legislation, arguing it’s main objective is to “maintain long-term stability and prosperity in Hong Kong,” and that it will target only a minority of individuals.
How has the law been used?
Police made their first arrest under the national security law the day after it was passed, and haven’t stopped since.
Websites have since been blocked, and movies placed under revised government guidelines to abide by the law, signaling the start of a more widespread cultural censorship.
On Wednesday, as Tong stood trial in the city’s High Court, news broke of yet another arrest — an Apple Daily employee, followed hours later by confirmation the outlet would cease operations after June 26.
An uncertain future
The crackdown has had a chilling effect in Hong Kong, with pro-democracy figures no longer able to organize opposition, journalists facing arrest for their work, and residents fearful of what this means for the city’s future.
The mass demonstrations that characterized 2019, sometimes stretching into hundreds of thousands of participants, are nowhere to be seen. There are occasionally small flash protests, but these are quickly shut down and the organizers punished.
Hong Kong is looking increasingly like other Chinese cities, subject to Chinese laws and censorship — which throws into question its viability as a base for international businesses. Residents, too, are looking to leave — hundreds of thousands are expected to relocate to the United Kingdom, under a new scheme implemented by the UK government for holders of British National (Overseas) passports.
“I have never been so uncertain about the future in my whole life,” said Hong Kong political commentator Kim-Wah Chung in late May. He plans to stay in the city — but has been urged by friends and family to leave.
“Because of the rapidly deteriorating political situation, and some kind of uncertainty and threats, I have been warned by many people — you have to consider this,” he said.
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