National security law: 15 out of 47 Hong Kong opposition figures granted bail

But ordered to remain in custody pending prosecutors’ appeal……

We’d suggest this is Beijing saying.. time to adhere to our rule of law ….your days, Hong Kong , of Basic Law are over. It sounds like a pretty clear message from Beijing to us.

 

An academic writes on the China law discussion group

But what was the basis for the judge’s decisions? Why did some defendants win bail and most did not? Will the public ever know? Why has it been denied this critical knowledge? The judge’s explanation of why he rejected defendants’ request to suspend the usual prohibition against media reporting is ludicrous. He told the defendants he was rejecting their request in order to safeguard the defendants’ interests! How thoughtful! I wonder why the defendants able lawyers did not think of this before making their request!!

The SCMP report is faulty in failing to state that the usual prohibition is permitted to be suspended whenever the court believes that it is in the interests of public justice to do so. This is what Judge Anthea Pang decided in the most recent Jimmy Lai bail case. Why did Chief Magistrate So not make the same decision in a case that involves not merely one person but 47? Again the public is not allowed to know how he differentiated all these cases from Lai’s.

There are many things still unknown about this weird prosecution. For example, we know the government appealed the granting of bail. Did none of those denied bail appeal? If not, why not?

In the meantime the bail appeals will now be heard in the next day or two. Will the public also be denied knowledge of the reasons for the outcome?

What a great charade this is for the government! In the name of protecting the rule of law it prosecutes a huge number of democratic politicians for exercising the political rights that law prescribed for conducting LegCo affairs and free elections. Eventually, if the courts have any backbone left, the government may lose its case. But in the interim the government can inflict horrendous punishment on these democratic politicians, silencing even those who may be allowed to remain on bail for the next three months while the government completes its investigation before trial and probably for the years required for completing the judicial process.

Neither these unfortunate 47 nor Jimmy Lai will be able to protest this week’s NPC transformation of Hong Kong’s electoral system. And have we heard from Martin Lee, Margaret Ng and the many other lawyers and democrats who would normally be playing an active role in opposing this oppression?

 

The SCMP reports..

  • Bail proceedings lasted four days for the 47 defendants charged with subversion under the national security law
  • The politicians and activists were arrested last month over an unofficial primary election that authorities said was a subversive plot to paralyse government

Fifteen of the 47 Hong Kong opposition politicians and activists facing subversion charges were granted bail in the city’s biggest crackdown to date under the national security law, but they were immediately ordered to remain in custody after prosecutors lodged an appeal against the decision.

The ruling on Thursday came after 28 hours of marathon hearings spanning four days.

Those who secured bail included former lawmakers Jeremy Tam Man-Ho, Helena Wong Pik-wan and district councillor Kalvin Ho Kai-ming. They were placed on cash bonds of up to HK$1 million (US$129,000) and ordered to observe stringent conditions including being banned from discussing or participating in any election.

Read full story at  https://www.scmp.com/news/hong-kong/politics/article/3124123/national-security-law-15-out-47-opposition-figures-granted