Decision to try cases without a jury reinforces worst fears about the National Security Law

Today, the Justice Secretary, Theresa Cheng, has reportedly confirmed that the first National Security case to be heard in Hong Kong will not have a jury. Instead, three judges hand-picked by the Chief Executive and Beijing will preside over the case.

Tong Ying-kit, the first person to be tried under the draconian law, was arrested the day after the law came in to effect for allegedly driving his motorbike into a crowd of police officers while flying a protest flag.

Currently on remand, he is charged with “terrorism” and “inciting secession” and faces up to life in prison if convicted. Tong Ying-kit’s case is being handled by the High Court's Court of First Instance, where trials are usually heard by a judge alongside seven to nine jurors.

A legal source confirmed today that the Hong Kong Justice Secretary has invoked Article 46 of the National Security Law, which states that national security cases will not have to be heard in the open or with a jury, if the Justice Secretary deems that ‘based on the protection of state secrets, the case has foreign-related factors, or the personal safety of the jurors and their families’.

Commenting on the Justice Secretary’s decision, Benedict Rogers, Hong Kong Watch’s Chief Executive, said:

“The Justice Secretary’s decision to invoke Article 46 reinforces our worst fears that the National Security Law will be used to prosecute pro-democracy activists and ordinary Hong Kongers in politically charged trials held in secret and overseen by judges handpicked by Beijing.

Trial by jury has been used by Hong Kong’s legal system for 176 years. Today’s decision is a complete betrayal of promises made by Beijing under the Sino-British Joint Declaration and the Basic Law to guarantee an independent judiciary and the right to trial by jury. The rule of law is under unprecedented strain."

The UK Government must now stand by its legal, historic, moral commitment to Hong Kong, and introduce Magnitsky sanctions against Theresa Cheng and other Hong Kong and Chinese officials responsible for dismantling Hong Kong’s common law legal system and autonomy.”