Hong Kong court denies bail to 32 detainees under security law

A court in Hong Kong has denied bail to 32 of 47 democracy activists and electoral candidates charged under the city’s draconian national security law after a four-day hearing derided as chaotic and farcical.

The chief magistrate Victor So processed all 47 cases in a single bail hearing that began on Monday with a session that ran until 3am, and continued through the week.

So also denied applications to lift reporting restrictions, meaning only the ruling and relevant names can be published, not arguments made for or against the granting of bail.

The group have been charged under the security law with conspiracy to commit subversion in relation to an unofficial pan-democratic primary poll held last year before legislative elections that were later postponed.

The next hearing has been set for 31 May, leaving 32 people on remand for at least another three months. Among those denied bail are Benny Tai, a legal scholar, the former legislators Claudia Mo, Eddie Chu Hoi-dick and Leung Kwok-hung, and the activists Sam Cheung and Lester Shum.

Prosecutors had sought at least three months’ adjournment to allow them time to investigate further, and opposed bail for any defendant. The defence objected, questioning why charges had been laid and defendants jailed if the case was so far off readiness.

Prosecutors reportedly requested leave to appeal against the granting of bail to 15 of the 47 and requested the group be detained until an appeal hearing.

According to local media, those released on bail were barred from any direct or indirect actions or speech that might reasonably be deemed to violate the national security law, or from participating in any form any official or unofficial election activity except voting. They were also barred from directly or indirectly contacting any foreign official or personnel.

The wording of the national security law makes it extremely difficult for anyone charged under it to be granted bail. The media mogul Jimmy Lai, who is facing trial for alleged foreign collusion in a separate case, has been in and out of court challenging his bail denial, so far unsuccessfully.

Article 42(2) of the law removes the presumption of bail for defendants – a longstanding tenet of Hong Kong’s justice system – and instead says a judge may grant bail only if they believe the accused “will not continue to commit acts endangering national security”.

Fifty-five people were arrested over the primary poll in January, drawing international condemnation, and scepticism even from some pro-Beijing politicians, who noted that primary polls were a common feature of both sides of Hong Kong politics. On Sunday police charged 47 of those arrested with conspiracy to commit subversion, alleging they had schemed to select candidates who could win a majority of the 70 legislative council seats and then indiscriminately block legislation to “paralyse” parliament and force the resignation of the chief executive.

Authorities have not said whether they intend to charge the remaining eight, who include the American lawyer John Clancey.

The processing of the case has been widely criticised as chaotic, farcical and judicially unfair. Over the course of the four-day hearing five defendants were taken to hospital by ambulance and several complained about a lack of access to their lawyers. Reports said some defendants had less than three hours back in their cells on Tuesday morning after the 3am finish of Monday’s hearing before being returned to court, and lawyers had not had time to shower or change.

By Wednesday evening, several defendants had dropped their lawyers, wanting to make further submissions on their own behalf, which were heard on Thursday. The contents of their statements are covered by reporting restrictions.

“The court system should never have arranged such a chaotic judicial review that has made Hong Kong’s formerly revered judicial system look like the willing instrument of the police and prosecution,” Prof Jerome Cohen, an expert on China at New York University’s School of Law, wrote in a blog on Thursday.

More than 1,000 supporters gathered outside the court on the first day, calling for the release of the prisoners and chanting now illegal protest slogans. Police issued a number of fines for breaches of pandemic gathering laws. Among the attenders were foreign diplomats and rights groups who are closely monitoring the case amid mounting concerns that Hong Kong’s vaunted judicial system is being degraded.

“We’ve not seen something like this before. It’s usually very fast … It’s very strange,” David Costello, Ireland’s consul general for Hong Kong, who was at the court, said of the length of the hearings. “It’s a test of what’s going to happen in Hong Kong.”

Foreign governments and rights groups have condemned the moves to prosecute the group, but Hong Kong and Beijing authorities have remained unapologetic. Hong Kong’s security secretary, John Lee Ka-chiu, praised the impact of the national security law at a UN human rights council meeting on Monday, telling participants: “Stability and order have been restored.”

On Thursday the rightwing US thinktank the Heritage Foundation said it would no longer include Hong Kong in its Index of Economic Freedom, because “developments in recent years have demonstrated unambiguously that [Hong Kong’s economic] policies are ultimately controlled by Beijing”. Hong Kong had topped the list for 25 years up to 2019.




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