Hong Kong court convicts 1st person of terrorism, committing secession under security law

The first person to be tried under Hong Kong’s sweeping national security law faces life in prison after being found guilty of secessionism and terrorism on July 27. According to the Associated Press, Tong Ying-kit was found guilty of terrorism for crashing his motorcycle into a group of police officers, and incitement to commit secession, for carrying a large black flag bearing the protest slogan, "Liberate Hong Kong; revolution of our times”.

A three-judge panel selected by Hong Kong’s leader ruled that the 24-year-old’s actions constituted a “deliberate challenge against the police” and intended to cause “great harm to society”. 

As the first trial under the new legislation, Tong's case is being closely watched for indications of how the law will be implemented and interpreted in court in the coming months as more than 100 people have been arrested under the national security law. As per reports, Tong had pleaded guilty to charges of inciting secession and terrorism, and an alternative charge of dangerous driving. However, he now faces a maximum sentence of life imprisonment, and his lawyers are expected to argue for a lighter punishment at his sentencing hearing Thursday. 

While reading the verdict on Tuesday, Justice Esther Toh said that 24-year-old “committed terrorist activities causing or intended to cause grave harm to the society” in pursuit of a political agenda. Toh added, “His behaviour was an act of violence aimed at coercing the central and Hong Kong governments and intimidating the public”. She said, “Carrying the slogan-bearing flag constituted an act of incitement to secession”. 

However, Tong’s defence lawyer has said it’s impossible to prove that his client was inciting secession merely by having used the slogan. The defence also said that there is no evidence that Tong committed the act deliberately, that he avoided crashing into officers. They said that his actions couldn’t be considered terrorism since there was no serious violence or harm to society. 

Amnesty International condemns court's verdict

Following the verdict, Amnesty International condemned the court's decision and called it “the beginning of the end for freedom of expression in Hong Kong”. Asia-Pacific Regional Director Yamini Mishra said that people should be free to use political slogans during protests, and Tong Ying-kit should not be punished for exercising his right to free speech. Mishra added that it is particularly clear that he should never have been charged with a ‘national security’ offence carrying a possible life sentence. 

Meanwhile, it is worth noting that Beijing’s ceremonial legislature imposed the national security law on the semi-autonomous city after it determined the council was unable to pass the legislation itself because of political opposition. That followed violent 2019 protests against China’s growing influence over the former British colony’s affairs. Hong Kong’s last remaining pro-democracy newspaper, Apple Daily, was also forced out of business last month and a court denied bail for four editors and journalists held on charges of endangering national security as part of the widening crackdown. Beijing, on the other hand, has dismissed criticisms, saying it is merely restoring order to the city and instituting the same type of national security protections found in other nations.

(With inputs from AP)