Hong Kong version of the National Security Law | The first accused man in a wheelchair to court officials cited Article 42 of the new law to refuse bail

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Written by: Guo Haotian

2020-07-06 16:06

On the day of Reunification Day, a man was suspected of riding a motorcycle with the "Recovering Hong Kong" flag to the police line in Causeway Bay. He was accused of inciting others to split the country and terrorist activities. Defendant of the National Security Law. When the case was brought to court last Friday, the defendant was hospitalized due to a fracture and was unable to attend the hearing. The defendant was discharged today (6th) and was brought to the West Kowloon Magistrates Court in a wheelchair. The Chief Magistrate, Su Huide, said that he considered the "Hong Kong version" Article 42 of the National Security Law, and believes that there is a risk of untimely detention, refused to allow the defendant to be released on bail. The case was postponed until October 6, and the defendant was remanded to the Correctional Services Department for custody.

The defendant has a bandage on his left forearm

The defendant, Tang Yingjie, 23, was charged with one count of inciting others to split the country and one terrorist activity. The defendant was escorted from the police car to court this afternoon. When the police car entered the court, several police officers were armed outside the court with a gun. During the hearing, there were also five police officers guarding the defendant in the prisoner's bar. The case is still handled by Chief Magistrate Su Huide today, and the defendant is represented by counsel Liu Weicong. Although the defendant who was previously hospitalized for a fracture was discharged this morning, his left forearm is still bandaged and the defendant is in wheelchair.

The defendant was charged with two counts as follows:

One. There is the crime of inciting separatism: on July 1, this year, the defendant incited others to organize, plan, implement or participate in the implementation of the purpose of splitting the country and undermining national unity on Hennessy Road and Lockhart Road between Luard Road and Fleming Road in Wan Chai. Regardless of the use of force or threat of force, the Hong Kong Special Administrative Region will be separated from the People's Republic of China, or the legal status of the Hong Kong Special Administrative Region will be illegally changed.

two. Terrorism: refers to the accused on the same day, in order to force the Central People’s Government or the Hong Kong Special Administrative Region government or the public to achieve political claims, to carry out terrorist activities that cause or intend to cause serious social harm, that is, serious violence against Other dangerous methods seriously endanger public safety.

Su Guan claimed that the defendant had the right to apply for bail again from the High Court

Last week, Magistrate Su Huide, who was confirmed to be one of the six magistrates appointed to deal with the "National Security Law" case, also quoted Article 42 of the "Hong Kong Version of the National Security Law", refused to allow the defendant to be released on bail, but he added Applying for bail to the High Court, his general Liu Weicong indicated outside the court that he might have the opportunity to apply to the High Court for bail. Liu also relayed the defendant to the media for his "well-being", "Thank you all" and "Come on".

Article 42: The law enforcement and judicial organs of the Hong Kong Special Administrative Region shall, when applying the provisions of the current laws of the Hong Kong Special Administrative Region concerning detention and trial duration, ensure that crimes against national security are dealt with in a fair and timely manner, and effectively prevent, suppress and punish harm National security crime. The criminal suspect and defendant shall not be granted bail unless the judge has sufficient reason to believe that he will not continue to commit acts that endanger national security.

Case number: WKCC 2217/2020

Hong Kong version of the National Security Law Court