Court To Hear Security Law Case On August 20

The Court of First Instance has adjourned to August 20 a hearing on whether the first person charged under new national security legislation should be released.

Lawyers for Tong Ying-kit had filed an application for a writ of habeas corpus, as well as a bail application at the court.

But lawyers representing the government requested time to put together their position and argument.

Before Justice Anderson Chow adjourned the hearing, senior counsel Philip Dykes, representing Tong, noted that the wording under Article 42 of the national security law regarding bail is different to that in the Criminal Procedure Ordinance.

Article 42 of the security law says the criminal suspect or defendant shall not be granted bail unless the court has sufficient reason to believe they would not continue to commit acts that endanger national security.

Dykes questioned if this amounted to forcing a defendant to admit guilt.

Tong was arrested on July 1 and faces charges of incitement to secession and engaging in terrorist activities.

Police say he was riding a motorbike with a “Liberate Hong Kong” flag erected on it when police apprehended him after a collision with officers.