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We provide translation of news in English from local media and other sources, for academic use.
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#NeverForget
First Hongkonger arrested for contravening #NationalSecurityLaw Exhorts Pro-democracy Protestors to Persist and Take Hong Kong in Their Hearts to Wherever They Go

Tong Ying-kit, arrested on July 1, 2020 for flying a “Liberate Hong Kong, Revolution of our Times” flag on his motorbike, was the first one charged against the #NationalSecurityLaw.

Tong has since then been detained for more than four months.

After visiting Tong in Lai Chi Kok detention centre on November 24, 2020, legislator Shiu Ka-chun said Tong has adapted to the routine and the dietary of the center.

Shiu later wrote on Patreon that, Tong was a Ramen master who aspired to open his own Japanese restaurant. He was financing his sister’s study abroad.

Shiu also mentioned that Tong was a first-aider at anti-ELAB protests, who encountered police brutality and violent pro-Beijing supporters.

Lastly, Shiu quoted Tong’s message, reminding fellow pro-democracy supporters to “hold on and persist”.

Tong also said, “As long as Hong Kong is in your heart, wherever you go is Hong Kong.”

Source: Stand News #Nov23
https://bit.ly/3kXNwqg

#FightOn #HongKongProtest #PoliceState #TongYingKit
#PoliticalPrisoner
#Court #Jury
Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English

24-year-old #TongYingKit is the first person in Hong Kong charged with national security violation. On July 1, 2020, he displayed a flag that writes "Liberate Hong Kong, Revolution of Our Times" on his motorbike and drove towards three police officers in the protest scene. It was the first day when the national security law came into effect after bypassing the city's legislature.

Tong was charged with "terrorism and inciting se" and has been detained since then. The trial will begin in June 2021.

The Hong Kong court has earlier
denied him a trial by jury. Tong filed a review. The first hearing took place on May 10, 2021.

Senior Counsel Philip Dykes, representing Tong, pointed out in court, "Trial by jury helps ensure the independence and quality of judges... by ensuring that they, and not judges appointed by the executive, actually deliver a verdict in a prosecution started by the government... Trials by a body might afford a defendant some protection against laws which they find harsh or oppressive."

The prosecution, however, claimed that defendants in Hong Kong do not have a constitutional or fundamental right to trial by jury.

Source: Stand News; RTHK #May10
https://bit.ly/3vTVnuH
#Court
#Opinion: Tong Ying-Kit Case Puts "Liberate Hong Kong" Slogan on Trial, with a Predetermined Verdict

[Editor's note:
24-year-old Tong Ying-kit is the first person to be charged under the National Security Law in Hong Kong, for displaying a flag with the words "Liberate Hong Kong, Revolution of Our Times" on his motorbike and driving towards police officers. The trial is now underway.

The following is an opinion article published by #SimonShen, a public intellectual specialized in international relations, on July 7, 2021.]

"On the surface, this is a case against the man #TongYingKit.

To the Hong Kong authorities, however, this case will effectively set the legal characterization for the slogan "Liberate Hong Kong, the Revolution of Our Times".

This is exactly why the Department of Justice insisted not to allow a trial by jury. Instead, they turned it into a trial by "designated National Security judges", giving them the power to determine the definition of the slogan.

With such an arrangement, the outcome is a foregone conclusion to nearly every observer. No matter what kind of outrageous scenes would happen during the proceedings, when all is said and done, the slogan would become a legally banned phrase, having been deemed unlawful by the 'British-designed judiciary system'.

After all, what would be the alternative? If the courts determined that "Liberate Hong Kong, the Revolution of Our Times" is not equivalent to "Hong Kong independence", then wouldn't it defeat the purpose of establishing the HKSAR National Security Law?

Thus, the authorities had first determined the desired verdict, then began rummaging through the records to dig up evidence that match their narrative.

This process is the exact opposite of the logical reasoning that the world is accustomed to; unfortunately, this is the norm in China. And this is has now become our times."

Source: Simon Shen facebook #Jul7

Read original article in full: patreon.com/posts/53365694

#NationalSecurityLaw #KangarooCourt #CrimeOfSpeech

====
See also:

Prosecutors Deny Hongkongers' Right to Jury Trial; Judge Has Difficulties in Comprehending Law Written in English

https://t.me/guardiansofhongkong/29698

#Opinion: National Security Law Turns Hong Kong Into a Launchpad for China's Legal Terrorism

https://t.me/guardiansofhongkong/22449
Hong Kong's first trial under national security law starts without jury

Tong Ying-kit faces life in jail but has pleaded not guilty to inciting secession and terrorism, as well as a charge of dangerous driving.

He is accused of riding a motorbike into several police, flying a flag about the "liberation" of Hong Kong.

Beijing says the national security law criminalises "subversive" acts but critics say it silences dissent.

Source: BBC #Jun23

https://www.bbc.co.uk/news/world-asia-china-57576848

#TongYingKit #NationalSecurityLaw #Liberation #Beijing
#Court
Free speech or secession? "Liberate Hong Kong" at heart of landmark case

Three Hong Kong judges will rule on Tuesday, July 27, 2021 whether the pro-democracy protest slogan "Liberate Hong Kong, Revolution of our Times" is a call for secession when they deliver a verdict on charges against a 24-year-old man called #TongYingKit arrested at a demonstration on July 1, 2020.

The landmark ruling could have long-term implications for how a #NationalSecurityLaw that China imposed on its freest city on June 30, 2020 against secession, terrorism, subversion and collusion with foreign forces reshapes its common law traditions, some legal scholars say.

Activists say a ruling to outlaw the slogan will tighten limits on free speech.

In his closing speech on July 27, 2021, the defense lawyer Grossman said protesters worldwide often held up signs without facing prosecution, and that Tong should be acquitted if the meaning of the slogan was open-ended.

Grossman said [prosecution witness] Lau had an "untenable, rigid, mechanical view of history" that paid no heed to rhetoric, and the meaning of the slogan could not be pinned down as Lau was trying to do.

[Judge] Pang said the court would consider whether the "natural and reasonable effect" of the slogan could indeed incite others to secession, as well as Tong's criminal intent, in making its ruling.

Source: Reuters #Jul27
Image: Stand News

https://www.reuters.com/world/asia-pacific/free-speech-or-secession-liberate-hong-kong-heart-landmark-case-2021-07-25/

#LiberateHongKong #ProtestSlogan #PoliceState #July1
#Breaking #Court
Hong Kong’s High Court found Pro-democracy Activist guilty in the city’s first-ever trial under the Beijing-imposed #NationalSecurityLaw

In a landmark verdict on 27 July, 2021, 24-year-old #TongYingKit was convicted of committing incitement to secession and terrorist activities. He could face up to life imprisonment as the court adjourned the sentencing.

Tong, who had pleaded not guilty to the charges, is the first person to be found guilty of breaching the controversial security legislation, which also outlaws subversion and collusion with foreign powers. The ruling will likely set a precedent for upcoming national security cases.

In handing down the verdict, Madam Justice Toh – who was handpicked by Chief Executive Carrie Lam to handle national security cases – said that, in the particular circumstances where Tong displayed the “#LiberateHongKong” slogan, such a phrase was capable of "inciting others to commit secession".

Source: HKFP; #Jul27
https://hongkongfp.com/2021/07/27/breaking
#Court #Regime #Judiciary
Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"

The first National Security Law case against 24-year-old Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism".

On Jul 29, 2021 is the day for mitigation, and the sentencing is scheduled on Jul 30.

Michael, in his 70s this year, raised a sign he handwrote: "If there is no jury, does Common Law still exist?" at Taikoo Plaza and stood in silence.

In response to the conviction of Tong, he bluntly replied, "It's already expected" and criticized that "under Common Law, large cases that go to the High court must have juries present- why isn't there one all of a sudden?"

"The three judges collude with each other, and it is no different from Mainland China." He lamented, "Now there is no law. Rule of law is dead."

Michael predicted that Tong, "even without life imprisonment, will face more than 20 years [of jail]."

He also described that currently, "NSL rules us all," so action does not change much and he fears arrest. However, he still came out and expressed his sentiments. "I'm a hardliner- if you don't shout they'd think you're dead."

Source: InMedia HK #Jul29

======
Read more:

Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?

https://t.me/guardiansofhongkong/22449b

China Supporters call to send #AppleDaily Founder #JimmyLai for trial in China

https://t.me/guardiansofhongkong/27372

#HongKongProtest #TongYingKit #NSL #PoliticalOppression #RuleOfLaw
#Court
First
#NationalSecurityLaw Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing

The sentencing of Hong Kong's first National Security Law case is scheduled on July 30, 2021.

On July 29, the prosecution revealed that they had prepared Chinese law books for judges in Hong Kong court to review, believing that those sources were related to the case, and could provide strong support to the judges.

According to sources, the law books cited were written in simplified Chinese, named "Comprehension and Application of Criminal Law Provisions and Judicial Practice" (刑法条文理解适用与司法实务全书). However, the judges pointed out that those sources were for reference only. The interpretation of NSL would be based on Hong Kong's law principle. In regards to simulataenous sentencing, there is a large dispute among judges.

Tong Ying Kit pleads: I'm not a bad person, just did something very, very stupid

As "Inciting secession" and "Terrorism" are both serious crime, Tong, only 24 years old, is facing the highest sentence of life imprisonment.

On July 29, the Defence, in their plea, cited Tong's upbringing, the death of his parents, and his grandmother's cancer. If he faced a serious sentence, he would not see his grandmother for the last time.

The Defence expressed that Tong "is not a bad person, but did a very, very stupid thing and feels true remorse", and that "he knows he deserves punishment, but hopes the court can be light in sentencing."

The prosecution side, however, emphasized that according to the NSL, only when a suspect surrenders or exposes others can sentences be reduced.

Source: In Media HK #Jul29
https://bit.ly/3i6Myd0

https://bit.ly/3j1RrTQ

======
Read more:

Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?

https://t.me/guardiansofhongkong/22449

#HongKongProtest #TongYingKit #NationalSecurityLaw #PoliticalOppression #RuleOfLaw #OneCountryOneSystem
#BREAKING
Hong Kong #Court Sentences First #NationalSecurityLaw Convict #TongYingKit to 9 years in Jail

The first National Security Law case against 24-year-old Hongkonger Tong Ying-Kit resulted in a conviction on "inciting secession" and "terrorism", after a trial without jury.

He has been remanded for more than year since July 1, 2020, with no bail. It was one day after the National Security Law was forcefully imposed by Beijing on Hong Kong on June 30.

The court on July 30, 2021 sentenced him to 9 years in jail.

Source: Stand News #Jul30

======
Read more:

Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?

https://t.me/guardiansofhongkong/22449

First #NSL Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing

https://t.me/guardiansofhongkong/30651

Pleading for the First #NationalSecurityLaw Conviction -- Hongkonger Raises Sign in Silence: "If there is no jury, does #CommonLaw still exist?"

https://t.me/guardiansofhongkong/30649
#Court #PoliceState
HK Police Forbids Civilians from Seeing Sentenced Pro-democracy Protester Off

Hong Kong's first trial under #NationalSecurityLaw was concluded on July 30, 2021 without jury.

The Court found pro-democracy protester #TongYingKit guilty for “inciting secession” and “terrorism”.

Tong was arrested on July 1, 2020, after he drove his motorcycle around a Hong Kong neighborhood with a banner that bore the prominent protest slogan, “Liberate Hong Kong, Revolution of Our Times”. The motorcycle later collided with police officers who tried to stop him, injuring three.

Tong was the first person charged under the national security law and he was sentenced for 9-year imprisonment.

Around 50 of Tong’s supporters waited outside the High Court where Tong was being trialed and nearby shopping mall in a bid to show appreciation to Tong and see him off.

Without compassion, the police, dispersed citizens at the scene, saying “we won’t let you see him off. Piss off.” Pushing citizens to leave the scene, some shouted, “move forward and leave.”

Soon afterwards, the police cordon was set up forbidding citizens to gather and take photograph. In the end, around six pieces of handbills were left on the ground that wrote, “24-year-old Tong Yin-kit. God bless good man. Wish you peace and be safe.”

In a nearby tram station, police were seen intercepting tens of citizens, who were searched without apparent reasons and their ID being recorded.

#PoliticalSuppression #Injustice

Source: InMedia; #Jul30
https://bit.ly/3j7OdOV
#PoliticalSuppression
First Hongkonger Found Guilty of National Security Violation Encourage Fellow Citizens to Stay Strong

24-year-old pro-democracy #TongYingKit was the first Hongkonger found guilty under the #NationalSecurityLaw.

Tong was sentenced for 9-year imprisonment on July 30, 2021.

Through his representing barrister #LauWaiChung, Tong told HongKongers to stay strong and carry on their fight, “Time travels fast. Hold on to your good self. I hope you will be as good as Hong Kong athletes' spirits.”

When being asked whether Tong will appeal, Lau declined to reply.

Source: InMedia; #Jul30
https://bit.ly/3lbOWRN

#PoliticalPrisoner #PoliceState #Prison
#Hongkongers #Court
Pro-democracy Citizen vows: I will be among the last ones to leave Hong Kong

In Hong Kong, the first case of the #NationalSecurityLaw was trialed without jury but judges appointed by the authorities in late July, 2021. The Court put 24-year-old #TongYingKit behind bars for 9 years for "inciting secession and committing terrorist activities".

Disappointed by a trial without jury, some citizens found it still a “fortunate case” with a so-called “lenient” sentence term as many are anticipating a prison term for no less than 10 years.

Tong’s supporters said their support will continue, no matter how long it will be.

Outside the courtroom, around 50 citizens gathered to see Tong off. Among them, Jason said he couldn’t enter the viewing gallery to hear the trial, although he came half an hour earlier to queue for tickets.

Jason told reporters that although he has a Thai heritage which gives him a natural “exit plan” to leave Hong Kong at any time he wants, he finds root in Hong Kong. “I will be among the last ones to leave this city.”

Looking around at other supporters of Tong Ying-kit, Jason said he still has hope for Hong Kong, “some people might think I am naïve, but I see solidarity among pro-democracy supporters and there remains hope for Hong Kong.”

In the past two years, Jason has been following up on court cases and supporting those pro-democracy protesters being arrested and trialed. He refuted the rumors on social media that there were only few supporters in the court room to show support to every protester.

Jason claimed that he will not give up but live his life to witness the change. He asked HongKongers to hang on and support each other, “In this losing battle, what's better than supporting each other till the end?”

Source: InMedia; #Jul30
https://bit.ly/2WD0lQj

#Conviction #HongKongProtest #Hope