HK’s first NSL verdict finds Leon Tong guilty for inciting secession and terrorism
Three judges have reached a decision on the first case under the national security law for Hong Kong – Leon Tong was found guilty of inciting secession and terrorism. Observers noted the landmark verdict will set a precedent for upcoming national security cases.
On Tuesday afternoon, the judges announced the verdict following a 15-day trial. The former restaurant worker became the first person to be convicted under the national security law for Hong Kong. His mitigation plea is scheduled to be heard on Thursday.
This is the first case in Hong Kong’s legal history for someone to be convicted of incitement of secession and carrying out terrorist activities under the National Security Law. These offences are new and need to be dealt with to fix Hong Kong’s on-going social and political dilemmas, experts told the Global Times.
The defendant, Leon Tong Ying-kit, faced three charges, including two related to national security. Tong was arrested during a protest on July 1, 2020, a day after the national security law for Hong Kong took effect. Before the arrest, he allegedly rammed a motorcycle into three police officers, carrying a protest banner with the slogan, “Liberate Hong Kong, revolution of our times.”
On June 23, Tong pleaded not guilty to all three charges – inciting secession, terrorism and dangerous driving.
During the trial, whether the slogan “Liberate Hong Kong, revolution of our times” incited secessionism has become a matter of a heated debate. Although the defense experts argued that the slogan could mean different things to different people, judges later ruled that the slogan is illegal.
“Having regard to the natural and reasonable effect of displaying the flag with the words ‘Liberate Hong Kong, Revolution of our Times’ on it and in the particular circumstances of this case, such display of the words was capable of inciting others to commit secession,” the judges said in their ruling, according to local media outlets.
“At the material time, the defendant himself understood the slogan to carry a secessionist meaning, that is, separating the HKSAR from China.”
From this decision onwards, it is highly likely that the slogan which carries separatism message (during protection) cannot not be used anymore, Lawrence Ma, barrister and chairman at Hong Kong Legal Exchange at the China Institute of International Studies, told the Global Times on Tuesday.
“Also, from this judgment, the public will now know that a terrorist act does not only involve death or explosion, as long as it is a violent act done with a political agenda in mind,” noted Ma.
This is the first verdict of the Hong Kong court after the national security law for the region came into effect more than a year ago. No jury was present at the trial, as Hong Kong’s justice secretary argued that a jury trial in this case would “put jurors’ safety at risk.” The case is instead being heard by a panel of three judges assigned by the HKSAR’s Chief Executive Carrie Lam.
Tong has not yet been sentenced and his mitigation plea will be heard on Thursday. He faces a maximum sentence of life imprisonment.
Tong Ying-kit Photo: Ta Kung Pao
