The first verdict of the Hong Kong version of the National Security Act yesterday (27) convicted Tang Yingjie, who drove a motorcycle into a police officer with the slogan "Time of Light" on July 1 last year, and was guilty of inciting secession and terrorist activities.
Senior Counsel Tang Jiahua, a member of the Executive Council, stated on the radio program this morning (28th) that the judgment is instructive and binding in terms of legal principles. He emphasized that the slogan of "light time" should not be emphasized on how to not violate the law. He also pointed to the proof of the judgment. It is necessary to combine intentions to form a high threshold for violating the National Security Law.
However, Tang Jiahua pointed out that even if the slogan itself is not against the law, the court judges that "light time" has a chance to have the intention to split the country. If anyone continues to use it, it is difficult to dispel the relevant suspicion, "may be the only intention", and Alleging that someone was arrested in Yuanguo will have no sympathy and appeal to the public not to try the law.
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Tang Jiahua pointed out on the radio program that there is no law in Hong Kong that prohibits any slogans, but he emphasized that every case must be based on the suspect’s criminal intent and the surrounding environment, and the surrounding environment is one of the reasons for judging whether there is a criminal intent.
He pointed out that from 2019 to the present, it has been proved that some people used the slogan with the intention of spreading Hong Kong independence.
Law scholar Dai Dawei accepted a press interview. He said that Tang Yingjie’s sentence was vague when he threatened the public. He questioned that the sentence did not mention the element of fear necessary in terrorist cases. If the element of fear is missing, it is no different from alternate charges of dangerous driving. .
Tang Jiahua responded without naming. He personally believes that the national security laws of the Hong Kong area are clearer than those of the United Kingdom and the United States. For example, the crime of secession requires organization and planning, and the crime of terrorist activities needs to involve force to be considered as a crime. He believes that the crime is clear. "You don’t need a barrister, middle school students understand."
He believes that if the behavior will scare the public, and then hope that the government will agree to the demands to calm the people down, it is considered as coercing the government.
Tang Jiahua also said that causing or intending to cause harm does not necessarily mean actually causing harm to the body of another person. As long as there is an intention or a chance to achieve the intended goal, it meets the definition of conviction.
He took the Causeway Bay assassin case as an example and asked, "If I go to punish a policeman and he won't die, is it because I have no intentions?"
When asked whether the difference between the case and dangerous driving is mainly due to the banner, Tang responded that evidence shows that Tang Yingjie planned to promote political ideas, such as avoiding the police, knowing that the police did the same while pulling the "purple flag", obviously more than just dangerous driving .
Tang Jiahua pointed out that from 2019 to the present, it has been proved that some people used the slogan with the intention of spreading Hong Kong independence.
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Find an expert to study the slogan "Light Time" to catch the wrong use of God
The judge said that when judging the slogan, he must first judge whether there is a meaning for Hong Kong independence. The prosecution expert agreed with this meaning, and the defense expert did not deny it. Tang Jiahua said that he personally had questions about the judge’s handling methods and believed that the most important thing was how the defendant understood. And how others understand, "Most people are not people who are familiar with history books. The consideration is very simple. Common sense should be considered." Therefore, the court ultimately regards how the public perceives the slogan and believes that if every trial In all cases, finding expert witnesses is to catch the wrong person and use the gods.
Tang Jiahua: Judges in politically sensitive cases are more credible than juries
Tang Jiahua said that he has been in practice for 50 years. He personally believes that the judgment will be tried by a judge and is more credible than a jury, because the jury is more likely to be "emotionally dealt with" and has the opportunity to be influenced by personal political stances. He absolutely trusts the judge more than the jury. Tang also once challenged the fairness of the trial without a jury.
He emphasized that he did not think that the jury is a bad system, but that it is suitable for the situation, not necessarily bad.
He said on another program that the jury does not necessarily represent the entire society. He believes that in politically sensitive cases, the establishment of a jury is quite dangerous and requires a reasonable balance.
It has been pointed out that Tang Yingjie himself has been driving at high speed. If he is not stopped by the police, it will cause a collision, and consider whether this constitutes a ground for appeal.
Tang Jiahua explained that if there is a dispute from a legal point of view, or the judge ignores some evidence that is beneficial to the defendant, there is a chance to appeal.
He emphasized that every case in the court is independently reviewed. The so-called binding nature of a judgment lies in legal principles, because the facts of each case are different, and it is binding on the basis of the facts of each case, the defendant's intentions, and the application of principles.
First National Security Law Trial｜The judge believes that Guangshi's slogan can be used to relieve the Hong Kong Independence Defendant’s message. The first National Security Law trial was conducted on the same day. Li Lifeng: Guangshi's slogan is more relevant to the Yuen Long White-clothed Man incident. Convicted of inciting secession and terrorist activities, became the first national security law trial. Tang Yingjie's appeal will be rejected without a jury.