Hong Kong man sentenced to 9 years in prison in first Guoan case Reuters

Authors: James Pomfret and Sara Cheng

Hong Kong (Reuters)-The judge said on Friday that the first person convicted of terrorist activities and inciting secession under the Hong Kong National Security Act was sentenced to nine years in prison. This is a long-term imprisonment for Hong Kong’s judicial system. The impact of the watershed ruling.

Tong Yingjie, a 24-year-old former waiter, was charged with driving a motorcycle into three riot police officers last year while holding a protest slogan marked “Recover Hong Kong, Revolution of the Times”.

Tang’s lawyer, Clive Grossman, told reporters outside the court that they would appeal. He did not comment further.

Judges Esther Toh, Anthea Pang and Wilson Chan, selected by the city leader Carrie Lam to hear the national security case, ruled on Tuesday that the slogan “can inspire others to split the country”.

On Friday, the judge sentenced the child to 6.5 years in prison for inciting secession and eight years in prison for engaging in terrorist activities. Among them, continuous operation for 2.5 years, a total of 9 years.

They said in the written judgment: “We believe that this overall clause should fully reflect the defendant’s guilt in the two crimes and the aversion of society, and at the same time achieve the required deterrent effect.”

Human rights organizations, including Amnesty International, criticized Tang’s conviction, saying that it imposed new restrictions on freedom of speech and the precedent set by the trial, which they said was in sharp contrast to Hong Kong’s common law tradition.

According to the provisions of the National Security Law, Tong was refused bail, which requires the defendants to have the responsibility to prove that they would not pose a security threat if released. Tang also did not get a trial by the jury because he “believes that the personal safety of the jurors and their families is at risk, or the due justice may be compromised.”

The Hong Kong government did not immediately respond to a request for comment.

The Hong Kong and Chinese authorities have repeatedly stated that all the rights and freedoms promised by the former British colony when it returned to Chinese rule in 1997 are intact, but national security is a red line. Both governments stated that all cases are handled in accordance with the law.

At the pre-sentencing hearing on Thursday, Grossman requested clemency, saying that any incitement was “minor in nature” and Tong was a “decent young man” and did some “stupid” things.

Grossman added that Tong has been supporting his father and sister financially, and his grandmother with cancer hopes to give him “the last hug.”

Judge Toh refused to consider most mitigating factors, saying in the High Court, “If he pleads guilty, it will be…the greatest expression of regret.”

“Separatist” agenda

Tang pleaded not guilty to all charges and was convicted of terrorist activities. The judge said on Tuesday that his motorcycle could be a lethal weapon and his actions “are a deliberate challenge to the police.”

The judge wrote in the sentencing reasons: “Anyone who commits terrorist activities in order to intimidate the public in order to obtain a political agenda, no matter what, should be condemned and punished.

“However, when the political agenda is separatist in nature, we believe that this kind of agenda attempts to undermine national unity will increase criminality.”

The alternative allegations of serious bodily injury caused by dangerous driving were not considered.

Tang’s trial focused mainly on the meaning of the slogan, which was ubiquitous in the large-scale protests in Hong Kong in 2019.

The debate over its interpretation involves topics such as ancient Chinese history, the American civil rights movement, and Malcolm X.

The judges said on Tuesday that they were “convinced that the defendant fully understood the meaning of Hong Kong’s independence represented by the slogan.” Tang did not testify during the trial.