Tong Ying-kit's 9 year NSL sentence sets a grim precedent that will open the path to further arrests, prosecutions, and political trials

Today, Tong Ying-kit became the first person to be sentenced to nine years in jail under the National Security Law, after being found guilty of “terrorism” and “secession”. Tong Ying-kit was found guilty after riding a motorbike into police officers and flying a flag with “Liberate Hong Kong, Revolution of Our Times” on 1 July 2020.

The judges sentenced Tong Ying-kit to six and a half years in jail for the “incitement to secession” charge and an eight year jail sentence for “committing acts of terror” . The court said that, after considering the totality principle, Tong Ying-kit is expected to serve two and half years of his sentence for the terrorism offence consecutively with the six and a half years for the secession charge. This means the activist will be locked up for a total of nine years.

Tong Ying-kit’s trial took place without a jury and overseen by three judges handpicked by the Hong Kong Chief Executive, Carrie Lam, and officials from Beijing. The sentence handed down against Tong Ying-kit argues that the popular pro-democracy slogan “Liberate Hong Kong, Revolution of Our Times” carries a “secessionist meaning” and is capable of “inciting others to commit secession”.

Commenting on the National Security charges, Benedict Rogers, Hong Kong Watch’s Chief Executive said:

"Given the upcoming show trials of Hong Kong's leading democratic voices under the National Security Law, this sentencing sets a grim precedent and is totally disproportionate. The decision by Beijing to deem the waving of a flag with a popular pro-democracy slogan as 'incitement to secession' is an assault on freedom of expression that will open the path to further arrests, prosecutions, and political trials."