National security law: Hong Kong defendant challenges jury exclusion for first trial under Beijing-imposed legislation

The SCMP reports..

  • Lawyers for Tong Ying-kit argue the prosecution has failed to make the case for a no-jury trial
  • Tong is charged with terrorism and incitement to commit secession in relation to a July 1 protest

The first person to be tried under Hong Kong’s national security law has mounted a legal challenge against the exclusion of jurors from his case, calling the prosecution decision unfair, irrational and an infringement of defendant rights.

Lawyers for Tong Ying-kit – who is accused of riding a motorcycle into police last year – said prosecutors had failed to show the measure was necessary and that the proceedings could be prejudiced by jury tampering or intimidation.

Applying for judicial review on Wednesday, Tong’s defence team argued that no-jury trials should only be allowed once it was established to a high standard of proof they were required, or at least shown to have a “demonstrable rational basis”, adding neither benchmark had been reached in this case.

Read full article at  https://www.scmp.com/news/hong-kong/law-and-crime/article/3128776/national-security-law-hong-kong-defendant-challenges