Media mogul Jimmy Lai, founder of Apple Daily, arrives at the Court of Final Appeal by prison van in Hong Kong, China. Tyrone Siu/Reuters
Hong Kong’s top court denied bail on Tuesday to media tycoon and Beijing critic Jimmy Lai, the most high-profile person to be charged under the city’s national security law.
Lai had been in custody since Dec.3, except when he was released on bail for about a week late last year. He was granted a HK$10 million ($1.3 million) bail by a lower court on Dec. 23 only for the Court of Final Appeal (CFA) to bring him back into custody on Dec.31 for another hearing following an appeal by the government.
His return to custody was related in part to Article 42 of the security law, which says that “no bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing that the criminal suspect or defendant will not continue to commit acts endangering national security.”
On Tuesday, the CFA’s five judges said in a written judgment the lower court applied an “erroneous line of reasoning” and “misconstrued” Article 42. The decision was unanimous.
The judges said Lai’s team could make a “fresh application” for bail, as Tuesday’s decision was of “a limited nature,” focusing on how the lower court arrived at its decision, rather than whether Lai should be bailed out or not.
Lai, wearing a dark grey suit and sporting his trademark buzz cut, stood in the dock impassively as the judges delivered their decision.
Outside the court, a small number of pro-China protesters shouted “Jail Jimmy Lai for life ... safeguard Hong Kong’s peace” through a loud-hailer. Inside, Lai’s supporters shouted “Hang in there,” and “Add oil,” an encouragement used frequently in Hong Kong.
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Lai was arrested in August when about 200 police officers raided the newsroom of his Apple Daily tabloid newspaper.
Beijing imposed the sweeping national security law on the former British colony last June after months of pro-democracy protests. The law punishes anything China considers subversion, secession, terrorism or collusion with foreign forces with up to life in prison.
Critics say it is aimed at crushing dissent and it erodes freedoms in the semi-autonomous, Chinese-ruled city. Its supporters say it restores stability after months of unrest.
Prosecutors have accused Lai of breaching the law over statements he made on July 30 and Aug.18, in which they allege he requested foreign interference in Hong Kong’s affairs.
Lai has been a frequent visitor to Washington, meeting with officials, including former Secretary of State Mike Pompeo, to rally support for Hong Kong democracy, prompting Beijing to label him a “traitor.”
Under the new law, the onus is on the defendant to prove they would not be a national security threat if released on bail. Under Hong Kong’s common law-based legal system, the onus has traditionally been on the prosecution to prove its case.
“We’ve lost the right to be presumed innocent until proven guilty,” said Avery Ng, a pro-democracy activist in the courtroom who himself faces illegal assembly charges related to mass anti-government and anti-China protests in 2019.
Lai stepped down last year as chairman of Next Digital , which publishes Apple Daily, a popular tabloid newspaper known for its feisty and critical coverage of China and Hong Kong.
Separately, the national security trial of Tong Ying-kit, who allegedly drove his motor-bike into police officers while flying a protest flag, will be held without a jury, AFP reported, citing a legal source.
It would be the first time that Lai, one of Hong Kong's most prominent democratic activists, who has been in jail since December after being denied bail in a separate national security trial, will receive a sentence.
Lai faces a charge of collusion with foreign elements to endanger national security, apparently for tweets he made and interviews or commentaries he did with foreign media.
Jimmy Lai of Next Digital, which publishes the Apple Daily newspaper, was among 10 people arrested Aug.10 on what police said was suspicion of violating a national security law and collusion with a foreign country.
The protests in the former British colony began in June over the bill, which would have allowed extraditions to mainland China where courts are controlled by the Communist Party, but have since evolved into a push for greater democracy.
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