Security law defendant's team file for habeas corpus - RTHK
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Security law defendant's team file for habeas corpus

2020-08-04 HKT 13:23
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  • The defence lawyers say they moved a habeas corpus application as bail conditions under the new law are stringent. File photo: RTHK
    The defence lawyers say they moved a habeas corpus application as bail conditions under the new law are stringent. File photo: RTHK
The High Court on Wednesday will consider a habeas corpus application filed by lawyers who are defending the first person charged under the National Security Law in Hong Kong.

Tong Ying-kit was arrested on July 1, the day the new law enacted by Beijing came into effect in the SAR.

He is said to be riding a motorbike with a “Liberate Hong Kong” flag erected on it when police apprehended him after an alleged collision with them. The defendant faces two charges: incitement to secession and engaging in terrorist activities.

His lawyers said because getting bail is difficult under the new security law, they will make a habeas corpus application before judge Anderson Chow.

A habeas corpus is usually filed to bring a detainee to court and to determine whether the detention is lawful.

When Tong appeared in West Kowloon court on July 6, the magistrate cited Article 42 of the National Security Law in deciding against granting bail, saying he shouldn’t be released unless the court believes he won’t continue to commit acts endangering national security.

Sources also tell RTHK that senior counsel Philip Dykes, Queenie Ng and Linda Wong will represent Tong.