Tong Ying-kit faces charges of inciting secession and engaging in terrorist activities, making him the first one prosecuted over the national security law. The High Court has rejected the first legal challenge against the constitutionality of the new national security law, in ruling against an application to free the first man charged under the law on the grounds that he is being unlawfully detained ahead of his trial, RTHK reports. “It is immediately apparent that Article 42(2) does not preclude bail being granted to a person accused of having committed an offence endangering national security”, they said. “While there may be a difference of emphasis between… the [Criminal Procedure Ordinance] and Article 42 of the National Security Law, the impact of Article 42 is more apparent than real”, they said. As such, the High Court ruled against the habeas corpus application and ordered the applicant to pay court costs for the government.

Source: The Standard August 21, 2020 09:56 UTC