First Security Law Suspect Denied Bail Again

A Hong Kong court again denied bail on Tuesday to the first person charged under the new national security law.

Tong Ying-kit is accused of riding his motorcycle into a group of police officers while carrying a flag bearing the slogan "Liberate Hong Kong" during a protest on July 1.

High Court judge Alex Lee told the media in the packed courtroom that they are not allowed to report details of the hearing.

Tong, who appeared at the hearing in a suit, stood upright in the dock as he waited for the judge to hand down his decision after a 30-minute recess.

Outside the courtroom, members of the public filled seats in the lobby to watch live broadcasts of the hearing, which were occasionally interrupted by bad audio signals.

Later in the afternoon, Lee handed down a partly redacted written judgement to explain his decision.

He said he had taken into account the risk of Tong absconding, as well as the risk of committing new offences if granted bail.

The judge said even when the chance of a defendant committing an office while on bail is “not particularly high”, “bail may still be legitimately refused if the resultant harm would be so grave as to justify the refusal”.

Lee said he reached the decision after giving “full credit” to Tong’s personal background and ties to Hong Kong.

The issue of bail under the national security law is controversial because the legislation specifies that judges should refuse bail unless a defendant can prove they won't commit further national security offences.

But the judge said in his ruling that the national security law does not introduce any drastic or significant changes to the existing law and practice regarding bail applications.

Tong was originally denied bail by a magistrate on July 6, and the High Court last week rejected an application for a writ of habeas corpus.

Tong, who faces charges of inciting secession and engaging in terrorist activities, is due back in court on October 6.

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