A lawyer for Tong Ying-kit (唐英杰), the first person convicted under Hong Kong’s National Security Law, yesterday asked for no more than 10 years in prison instead of a possible life sentence in a closely watched case as the Chinese Communist Party (CCP) tries to crush the territory’s democracy movement.
Tong on Tuesday was convicted of inciting secession and terrorism for driving his motorcycle into a group of police officers during a democracy rally on July 1 last year while carrying a flag bearing the banned slogan: “Liberate Hong Kong, revolution of our times.”
The 24-year-old former waiter is to be sentenced today, the Hong Kong High Court announced.
Photo: AP
Beijing last year imposed the security law on the former British colony following anti-government protests that erupted in the middle of 2019.
The crackdown prompted complaints that the CCP is breaching the autonomy promised when Hong Kong returned to China in 1997 and hurting its status as a global business hub.
Officials reject the criticisms and say that Beijing is restoring order and instituting national security protections similar to those of other countries.
At a hearing, Tong’s lead defense lawyer, Clive Grossman, asked the three-judge panel for a sentence of no more than 10 years.
He said that the court had not found that the attack was deliberate, no one was injured and Tong’s secession-related offense qualified as minor under the law.
The court on Tuesday ruled that Tong’s actions were an act of violence aimed at coercing Beijing and the Hong Kong government, as well as intimidating the public.
It said that carrying the flag was an act of incitement to secession, rejecting defense arguments that Tong could not proven to be inciting secession just by using the slogan.
Prosecutor Ivan Cheung (張大有) asked for at least three years.
Judge Anthea Pang (彭寶琴) said that the court would follow the “usual statutory term” and legal interpretations of the security law, but gave no indication what that might be.
Tong, wearing a black shirt and tie with a blue blazer, talked with his lawyers before the hearing, but did not address the court. Relatives waved to Tong as he left and said: “See you tomorrow.”
Hong Kong’s last pro-democracy newspaper, the Apple Daily, shut down last month after journalists and executives were arrested.
Tong’s trial was conducted by judges without a jury under rules that allow an exception to Hong Kong’s British-style common law system if state secrets need to be protected or foreign forces are involved. The judges were picked by Hong Kong Chief Executive Carrie Lam (林鄭月娥).
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