When Hong Kong passed from the British to Chinese rule in 1997, the handover agreement contained one crucial point – until Hong Kong, Hong Kong will retain the autonomy and civil liberties that are otherwise unthinkable in mainland China. However, any talk of freedom is unthinkable now. Locals are feeling the new national security law that Beijing has applied to Hong Kong after violent pro-democracy protests two years ago.
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On Wednesday, the first trial took place in the name of this law without the presence of a jury. 24-year-old Tong Ying-kit, who drove a motorcycle under the flag with a pro-democracy slogan during the protests, is in danger of life. The prominent Hong Kong medium, Apple Daily, also announced the end after the arrest of journalists on Wednesday. The latest texts online will be released by Wednesday midnight, the printed edition on Thursday.
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Wednesday’s trial of Tong Ying-kit, which took place behind closed doors, is considered a turning point in proving the changing face of the world’s financial center. The young man ended up in prison the day after the new security law came into force. According to camera footage, the young man was riding a motorcycle under a flag that read “Liberate Hong Kong, the revolution of our time,” taking to a group of police officers. The National Security Act considers such slogans illegal.
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Tong thus faces charges not only of inciting separatism and terrorism, but also of dangerous driving. On Wednesday morning, the trial began with three charges. Tong Ying-kit faces life sentence.
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Malicious password
The slogan “Free Hong Kong, the revolution of our time” became a key shout of protesters during the 2019 protests. For some, it symbolizes the promotion of Hong Kong’s full independence. For many others, however, it is only a call for democracy, greater autonomy, and also a certain expression of frustration with Beijing’s domination.
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At the opening of the proceedings, Attorney Anthony Chau said that his team would try to prove that the pro-democracy slogan expresses the desire for complete separation from China and for a regime coup. Chau added that he also considered allegations of terrorism to be justified.
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Tong’s request for a hearing in the presence of the jury, as required by the constitution, was rejected by two courts. According to Tong’s lawyers, there is a lot at stake, as he faces a life sentence if convicted. The jury’s presence was a cornerstone of Hong Kong’s 176-year-old legal system. As one of its main pillars, the websites of the local jurisdiction describe the role of the jury.
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The National Security Act, which came into being in Beijing and was applied to Hong Kong after last year’s pro-democracy protests, allows three specially selected judges to try individual cases. The city’s justice minister has invoked a jury clause against Tong’s trial, arguing that the safety of jurors could be jeopardized given Hong Kong’s political environment.
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The wording of the Beijing Security Act clearly shows that in similar cases it has the upper hand over all local regulations, which has already been confirmed by several lawsuits. However, Tong’s case is unusual – it is still the only Hong Kong resident accused under the Security Act of explicitly violent acts.
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Under the law, more than 60 people have already been charged with political speeches, including some of the best-known pro-democracy activists. Both Hong Kong and Chinese authorities are celebrating the law as a pillar to restore stability after demonstrations. In addition, however, it completely changed the legal and political environment of the city, which was to be guaranteed a certain autonomy by 2047.
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The law also abolished the possibility of paying bail on non-violent crimes. Instead, the accused must prove to the judges that they will not pose any threat to national security. The vast majority of the accused ended up in custody. After their release, further restrictions awaited them – house arrest, a ban on contact with foreign officials, a ban on communication with the media or the use of social networks.
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“Thank you goodbye”
However, another area is also shaken. The assets of Apple Daily, a popular pro-democracy daily, were frozen last week. On the day of the trial with Tong, the news came that the Apple Daily would stop publishing online from midnight. The latest printed edition is due out on Thursday, writes the Hong Kong South China Morning Post.
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“Apple Daily thanks readers, subscribers, advertisers and Hong Kong for their excellent support over the past 26 years. Goodbye and be careful, “the article states.
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The Hong Kong National Security Police previously detained the chief editor on Wednesday on suspicion of conspiracy to conceal a secret agreement with foreign forces, the first such arrest under Beijing law. The Apple Daily has lost almost half of its staff since last week. The remaining ones on Tuesday promised to continue until the end.
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Critics, including many Western countries, argue that China she broke her promise on maintaining the principle of “one country, two systems”. After Hong Kong’s return to the British in 1997, it promised that the territory would be able to retain some autonomy and freedom for another 50 years.
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