The first Hong Kong national security law case was ruled on Tuesday (27th), and the defendant Tang Yingjie was convicted of inciting others to split the country and terrorist activities.
Barrister Huang Yuyi stated on a radio program today (28th) that the ruling reflects that the court can infer from environmental evidence that the display of the "Time of Light" slogan is intended to split the country. It is expected that law enforcement agencies may take the initiative to enforce the law.
He also pointed out that it was previously impossible to determine whether the definition of incitement under the National Security Law is the same as that of the common law. This case means that the definition of common law applies to the National Security Law. Representatives do not need to prove that anyone was incited to be guilty.
He believes that Tang Yingjie is not expected to be sentenced to life imprisonment, but if the court wants to give deterrent information, he also has the opportunity to sentence a not-short-term sentence.
When the defendant Tang Yingjie was driving a motorcycle, his backpack was printed with the slogan "Recover Hong Kong: Revolution of the Times".
Huang Yuyi: It’s best not to show or talk about the slogan of "light time"
Huang Yuyi stated in the commercial program "Starting on a Sunny Day" that his society recognizes that the slogan of "light time" can have the meaning of "Hong Kong independence". This case shows that even if there is only environmental evidence and background information, the court will It can be inferred whether a person has the intention to split the country.
He believes that if citizens do not want to be suspicious, it is best not to display or speak this slogan. However, citizens can measure the risks themselves. He believes that law enforcement agencies may take the initiative to remove such slogans.
As for whether the collection of items with the slogan "Time of Light" is illegal, he believes that if there is no display, the intention of incitement is low.
He pointed out that this case means that the common law definition of "incitement" is applicable to the national security law. Representatives do not need to prove that anyone has been incited, even if no one has been incited, they can be convicted.
Barrister Huang Yuyi (second from left in the front row).
(Information Picture / Photo by Lu Yiming)
When asked whether actions against the police would be regarded as terrorist activities by the courts, Huang Yuyi pointed to a larger consideration factor in the courts. He quoted the courts as saying that attacking the police would cause great harm to social order. This logic has the opportunity to apply to others. Cases that challenge the police and law enforcement agencies.
He believes that Tang Yingjie is not expected to be sentenced to life imprisonment, "it is a crime of incitement that has not been reached." However, since it is the first national security law case, if the court wishes to give deterrent information, there is a chance to sentence a not-short term sentence. .
Tang Yingjie's case | The judge ruled that the slogan "Guangshi" was divisive. Tang Jiahua: Re-cited or arrested in the first national security law trial | Tang Yingjie was convicted of inciting secession and terrorist activities and became the first national security law trial | Tang Yingjie was ruled Three crimes including separatism and terrorist activities proved to be established