He Junyao commented on the first case of Hong Kong's National Security Law: Once the word is decided, shouting that "Hong Kong will be restored" can no longer be used as an excuse for freedom of speech

Source: Global Times - Global Network

The first case of Hong Kong's National Security Law was decided in the High Court on the 27th, and the defendant Tang Yingjie was convicted of one count of inciting separatism and one count of terrorist activities. In this case, the judge ruled that the slogan "Restore Hong Kong, Revolution of the Times" on Tang Yingjie's banner had a separatist connotation and "can incite others to split the country." Hong Kong Legislative Council member Ho Junyao said in an interview with the Global Times reporter on the 27th that this verdict played a decisive role, and those who shouted the slogan in the future can no longer use freedom of speech as an excuse for sophistry.

On the evening of June 30 last year, the Hong Kong National Security Law was promulgated and implemented in the SAR. On July 1, Tang Yingjie, then 23, injured three police officers while driving an electric bicycle with a banner with the slogan "Restore Hong Kong, Revolution of the Times" in Wan Chai, suspected of violating Hong Kong's national security law, and charged with inciting others to split the country and terrorist activities. On the 27th, the trial court composed of three judges designated by the National Security Law, Peng Baoqin, Du Libing and Chen Jiaxin, ruled that the defendant Tang Yingjie was convicted of the above two crimes.

As a lawyer, He Junyao told the Global Times reporter on the 27th to welcome the high court's ruling. He Junyao said that the Hong Kong National Security Law came into effect on July 1, 2020, but Tang Yingjie was still lawless, ignoring the serious consequences of breaking the law and taking risks, which was his legal responsibility.

In the trial of the case on the 27th, whether the flag with the words "Restore Hong Kong, Revolution of the Times" has the meaning of inciting others to split the country has become the focus of attention, and this slogan was widely used in the "Amendment Storm" in 2019. The judge's judgment held that the defendant understood that the slogan had a separatist connotation, that is, "to separate the Hong Kong Special Administrative Region from the People's Republic of China". In addition, when the defendant displayed the slogan, he had the intention of conveying the separatist meaning of the slogan to others, in an attempt to incite others to split the country.

He Junyao said that the judgment made it clear that such slogans have the meaning of inciting separatism. "Hong Kong protects freedom of speech, but freedom of speech also has boundaries," Ho said, adding that those who shout the slogan "Restore Hong Kong, Revolution of the Times" in the future can no longer use freedom of speech as an excuse to argue.

He Junyao held that the judgment is a "serious lesson" for the "anti-China and chaotic Hong Kong" elements, which has played a warning and deterrent role, so that they no longer dare to test the law by example. If they continue to go their own way, they are bound to suffer the corresponding legal consequences.

According to Hong Kong media reports, Tang Yingjie's case will be postponed until the 29th to hear the defendant's intercession and pronouncement of judgment. Under Hong Kong's National Security Law, incitement to split the country is punishable by a sentence of 5 to 10 years' imprisonment for serious circumstances and, in the less serious cases, imprisonment for up to 5 years, criminal detention or public surveillance. The offence of terrorist activity carries a maximum penalty of life imprisonment.

He Junyao mentioned that the Tang Yingjie case shows the effectiveness of the Hong Kong National Security Law since its promulgation, but it is still in the stage of "palliative treatment". He Junyao believes that some young people, like Tang Yingjie, have been "brainwashed" by some people with ulterior motives due to previous educational problems in Hong Kong and accepted the idea of "Hong Kong independence". Therefore, hong Kong must make great determination to "cure the root causes" and carry out reforms in the field of education in the next step.

At present, national security education is continuing to advance on campuses in Hong Kong. Recently, the Hong Kong Education Bureau has also announced the Framework of the National Security Education Curriculum in Hong Kong and the National Security Education Curriculum Framework for 15 subjects. He Junyao said that the current direction of reform in the education sector is correct, but the specific results still depend on the implementation. He Junyao revealed that he promoted the establishment of the "National Security Education Center of the International Public Interest Legal Service Association" to strengthen cooperation with the Education Bureau, and worked with the parents' and teachers' associations in various districts to supervise the teaching materials and lecture notes in the school.