San Francisco Chronicle

1st person tried under security law found guilty

- By Alice Fung Alice Fung is an Associated Press writer.

HONG KONG — The first person to be tried under Hong Kong’s sweeping national security law was found guilty of secessioni­sm and terrorism on Tuesday in a ruling closely watched for indication­s of how the law will be applied as China tightens its grip on the city long known for its freedoms.

Tong Yingkit was charged with inciting secession and terrorism for driving his motorcycle into a group of police officers last year while carrying a flag bearing the banned protest slogan “Liberate Hong Kong, revolution of our times.” Rights groups condemned his conviction, and many are bracing for further such trials since more than 100 people have been arrested under the legislatio­n — part of Beijing’s increasing crackdown on dissent in Hong Kong following months of antigovern­ment protests in 2019.

Tong, a 24yearold restaurant worker, pleaded not guilty to the charges, arguing the slogan itself does not call for secession. He now faces a maximum sentence of life imprisonme­nt, but his lawyers are expected to argue for a lighter punishment at his sentencing hearing Thursday.

The new national security legislatio­n not only resulted in the charges against Tong, but it also spelled out how the trial would be conducted. The proceeding­s, which ended July 20, were held in the Hong Kong High Court with no jury, under rules allowing the exception from Hong Kong’s common law system if state secrets need to be protected, foreign forces are involved or if the personal safety of jurors needs to be protected. Trials are presided over by judges handpicked by Hong Kong leader Carrie Lam.

Reading the verdict, Justice Esther Toh said Tong “committed terrorist activities causing or intended to cause grave harm to the society” in pursuit of a political agenda.

His behavior was an act of violence aimed at coercing the central and Hong Kong government­s and intimidati­ng the public and carrying the flag constitute­d an act of incitement to secession, she said.

Tong did not speak during the reading of the verdict. He waved to his parents and others in the gallery as he was escorted from the chamber.

Tong’s defense lawyer has said it’s impossible to prove that Tong was inciting secession merely by having used the slogan.

The defense also said there is no evidence that Tong committed the act deliberate­ly, that he tried to avoid crashing into officers and that his actions couldn’t be considered terrorism since there was no serious violence or harm to society.

The verdict was immediatel­y condemned by Amnesty Internatio­nal, which called it “the beginning of the end for freedom of expression in Hong Kong.“

 ?? Vincent Yu / Associated Press ?? Tong Yingkit was charged with inciting secession and terrorism for driving his motorcycle into police with a flag bearing the protest slogan “Liberate Hong Kong, revolution of our times.”
Vincent Yu / Associated Press Tong Yingkit was charged with inciting secession and terrorism for driving his motorcycle into police with a flag bearing the protest slogan “Liberate Hong Kong, revolution of our times.”

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