First conviction under China’s security law on Hong Kong: nine years in prison for youth who asked for freedom with a banner

24 year old man from Hong Kong Tong Ying Kit was sentenced on Friday to nine years in prison for terrorism and incitement to secession, making him the first person convicted the controversial National Security Law, which critics say undermines freedoms in China’s Special Administrative Region.

The young man, who worked in a restaurant, He had been charged with driving a motorbike with a banner calling for the “liberation” of Hong Kong as part of protests against the region’s government. According to the prosecution, his intention was to strike the said motorcycle with a police vehicle.

After a fifteen day trial, Tong was sentenced for his actions, which took place on July 1, 2020. The court considers that the sentence will be “sufficient” to punish him and reflect his guilt.

Tong was arrested the same day, just hours after the legislation went into effect, according to broadcaster RTHK reports. Now, Judges Esther Toh, Anthea Pang and Wilson Chan ruled that Tong’s actions were “to attack public order in order to carry out a concrete political program.”

Much of the trial focused on the meaning of “liberate” that appeared on the banner. Although several experts indicated that it could have several meanings, the judges called the word an “offense” given that it came one day after the entry into force of a regulation on national security, notably “ secession ”.

The NGO Amnesty International regretted in a statement the decision of the court and warned that the decision “Confirms the fear that national security is not only a tool to instill fear among critics of the government, but a weapon to imprison them. “

The organization’s director for the Asia-Pacific region, Yamini Mishra, said the conviction “It bans a slogan that has become popular and used by the pro-democracy movement, which could lead to future convictions.”

“This is a sign of what the National Security Law might mean for the future,” he said before pointing out that “Tong should never have been charged with a crime that could lead to the lifetime sentence”.

In this sense, he underlined the importance for the population to have the possibility of expressing their opinions. “Condemning Tong for acts of terrorism in connection with a political slogan is a violation of international law.”

With information from Europa Press

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