2019 protests: 9 jurors to chosen serve in Hong Kong’s first trial under UN anti-terrorism ordinance

Nine jurors have been selected for Hong Kong’s first-ever trial under a United Nations anti-terrorism ordinance over an alleged conspiracy to commit bombings and shoot police officers to death in December 2019.

High Court. File photo: Kyle Lam/HKFP.

The High Court on Monday completed the selection of a jury consisting of three men and six women, who will hear a 60-day trial and pass a verdict on seven individuals charged under the United Nations (Anti-Terrorism Measures) Ordinance.

According to local media reports on Monday, Cheung Chun-fu, Cheung Ming-yu, Yim Ming-him, Christian Lee, Lai Chun-pong and Justin Hui have denied the charge of conspiring to commit bombing of prescribed objects.

Alleged crimes

They were said to have conspired with other people between August 1 and December 8, 2019, to deliver, place or denotate two explosive devices, which was likely to cause death or serious bodily injury. The offence is punishable by up to life imprisonment.

The six men also face an alternative charge of conspiring to attempt to cause explosion, or making or keeping [an] explosive with intent to endanger life or property under the Crimes Ordinance. The offence warrants up to 20 years behind bars if convicted.

Photo: Candice Chau/HKFP.

The six defendants also pleaded not guilty to conspiring with others during the same time period to commit murder of police officers.

Lee faces a separate charge of possession of arms or ammunition with intent to endanger life.

The seventh defendant – Lau Pui-ying – stands accused of providing property to commit terrorist acts.

2019 unrest

The case marks the first time that Hong Kong authorities have sought a prosecution using the ordinance enacted in July 2002. It came into force after the UN Security Council passed a resolution on measures for preventing terrorist acts in September 2001 that was binding upon all states.

Judge Judianna Barnes adjourned the hearing to Tuesday for the prosecution to make opening arguments.

Hong Kong protest scenes in December 2019. Photo: May James/HKFP.

Protests erupted in June 2019 over a since-axed extradition bill. They escalated into sometimes violent displays of dissent against police behaviour, amid calls for democracy and anger over Beijing’s encroachment. Demonstrators demanded an independent probe into police conduct, amnesty for those arrested and a halt to the characterisation of protests as “riots.”

Speedboat escape

Defendants Cheung Chun-fu, Cheung Ming-yu and Yum Man-him were among 12 Hongkongers who were intercepted by Chinese coastguards in August 2020, when they attempted to escape to Taiwan on a speedboat. Most on board were on bail pending trial over offences linked to the protests in 2019, including rioting and arson.

Mainland authorities returned two minors back to Hong Kong police without charge in December 2020. Eight people in the group – including the three charged in the anti-terrorism case – were jailed for seven months for crossing the border illegally. Two others received heavier penalties of imprisonment of two years and three years, respectively, for organising the illegal crossing.

After serving their prison terms in mainland China, Cheung Chun-fu, Cheung Ming-yu and Yum Man-him and four others pleaded guilty to perverting the course of justice in Hong Kong over the failed speedboat escape. They were sentenced between seven to ten months in jail in July 2022.

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