Hong Kong‘s Court of Final Appeal has ruled that prominent pro-democracy activist Lai Chi-ying is not eligible for bail, allowing the Department of Justice to appeal against an earlier High Court ruling granting bail.
The five-judge Court of Final Appeal ruled unanimously on Tuesday (Feb. 9, 2021) that Section 42 of Hong Kong’s National Security Law imposes stricter restrictions on bail than the general law in Hong Kong, and that the High Court judge misinterpreted Section 42 of the National Security Law in granting bail.
Lai Chi-ying, 73, founder of One Media Hong Kong and an active participant in the pro-democracy movement, was detained by authorities last year. He was charged with fraud and collusion with a foreign power under Article 29 of Hong Kong’s version of the National Security Law.
In December last year, Lai applied to the High Court for bail pending trial, and was granted bail by the High Court’s National Security Law Judge, Mr. Lee Yun-teng, under extremely harsh conditions, including the requirement that he pay bail of HK$10 million, not meet with foreign officials, not give interviews to the media, not publish any articles, not post on social networking sites, not leave Hong Kong, not leave his Home at will 24 hours a day, and not report to a police station three times a week. three times a week to report to the police station.
The United States, the European Union and other Western countries have expressed deep concern over the arrest of Lai Chi-ying by Hong Kong authorities and have criticized Beijing‘s push for a national security law in Hong Kong that would severely weaken “one country, two systems,” including the fear that Hong Kong’s judiciary would no longer be independent under the national security law.
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