HONG KONG – In a landmark determination, a Hong Kong court denied on Friday a bid for the release of the first person charged with inciting separatism and terrorism under a new nationwide security law within the Chinese language-ruled metropolis.
Police stated Tong Ying-kit, 23, carried an indication studying “Liberate Hong Kong, revolution of our instances,” and drove his motorcycle into officers, flattening a number of on a slender avenue, earlier than falling over and getting arrested.
The federal government of the Asian monetary hub has stated the protest slogan connotes separatism or subversion under the new law, stoking concern over freedom of expression within the former British colony.
Two judges of Hong Kong’s Excessive Court rejected Tong’s utility for release from detention and set Tuesday for a bail listening to.
“The applicant’s utility for a writ of habeas corpus is dismissed,” judges Anderson Chow and Alex Lee stated within the ruling, including that Tong ought to have as a substitute sought overview of an order that denied him bail.
Tong was denied bail final month, with the case adjourned to Oct. 6, as prosecutors sought extra time to gather proof.
He was amongst greater than 300 demonstrators towards the new law who have been arrested by police on July 1, lower than 24 hours after it was unveiled and took impact.
Hong Kong’s frequent law has historically allowed defendants to hunt release until prosecutors can present lawful grounds for his or her detention.
However the burden is now positioned on the defendant, under the new law drafted by Beijing, which isn’t a standard law jurisdiction and the place the judiciary is managed by the Communist Celebration.
Article 42 says, “No bail shall be granted to a felony suspect or defendant until the choose has adequate grounds for believing that the felony suspect or defendant won’t proceed to commit acts endangering nationwide security.”
The nationwide security law has drawn vast criticism within the West for jeopardizing primary rights and freedoms the worldwide monetary hub was promised when it returned to Chinese language rule in 1997.
Supporters of the law, which gives for jail phrases of as much as life for something China considers to be secession, subversion, terrorism or collusion with overseas forces, say it might convey stability after a yr of pro-democracy and anti-China unrest.