Hong Konger sentenced in 1st security law case

THE FIRST person convicted under Hong Kong’s national security law was jailed for nine years yesterday for terrorist activities and inciting secession, judges said, in a ruling with long-term implications for the city’s judicial landscape.

Former waiter Tong Ying-kit, 24, was accused of driving his motorcycle into three riot police last year while carrying a flag with the protest slogan “Liberate Hong Kong. Revolution of our times.”

Tong’s lawyer, Clive Grossman, told reporters outside the court the defense would appeal both the verdict and the sentence. He made no further comment.

Judges Esther Toh, Anthea Pang and Wilson Chan – picked by city leader Carrie Lam to hear national security cases – ruled on Tuesday that the slogan was “capable of inciting others to commit secession.”

On Friday, the judges sentenced Tong to 6.5 years for inciting secession and 8 years for terrorist activities. Of these, 2.5 years will run consecutively, resulting in a total term of 9 years.

“We consider that this overall term should sufficiently reflect the defendant’s culpability in the two offenses and the abhorrence of society, at the same time, achieving the deterrent effect required,” they said in a written judgment.

Security was tight outside the court, with dozens of police stopping and searching people in the vicinity.

Tong was denied bail in line with a provision of the national security law that puts the onus on the defendant to prove they would not be a security threat if released. Tong also did not get a trial by jury because of “a perceived risk of the personal safety of jurors and their family members or that due administration of justice might be impaired.”

At a pre-sentencing hearing on Thursday, Grossman pleaded for lenience, saying any incitement was of a minor nature and Tong was a decent young man who did something stupid. Tong, who pleaded not guilty to all charges, was also found guilty of terrorist activities.