In their interview, the judge said that, before Tong, they had never heard of jury-less criminal trials at the High Court. It was standard to have a jury even in cases involving triad bosses or violent sociopaths. If the government wanted to protect jurors, the judge said, “There must be some other way apart from abolishing the whole system.”In a statement to VICE World News, the judiciary said the Basic Law—Hong Kong’s constitutional document that sets out the “one country, two systems” arrangement under Chinese rule—never guaranteed the right to a jury trial and that fairness could be achieved by other means.“There must be some other way apart from abolishing the whole system.”
At the center of Tong’s case is the slogan “Liberate Hong Kong, revolution of our times”, which became popular during the 2019 protests. Photo: Alastair Pike / AFP
The slogan’s meaning proved difficult to nail down in a court of law, and for good reason: It encapsulated the ideals of what was arguably the most dynamic, complex social movement in Hong Kong’s history. During these long discussions, one might be forgiven for wondering who was really on trial. Was Tong being judged for his own actions, or was he somehow answering for things far larger than himself?Was Tong being judged for his own actions, or was he somehow answering for things far larger than himself?
Protesters look on as a barricade burns during demonstrations through the streets of Hong Kong on the 70th anniversary of the founding of the People’s Republic of China in 2019. Photo: Anthony WALLACE / AFP
Lawyer Lawrence Lau (center) stands outside West Kowloon court in Hong Kong on March 5 after being released on bail for the charge of “conspiracy to commit subversion”. Photo: ISAAC LAWRENCE / AFP