Lai Chi-ying, the founder of Next Media Group, was remanded in custody pending trial on suspicion of fraud and Article 29 of the National Security Law of Hong Kong, which states that “collusion with foreign states or forces outside Hong Kong endangers national security”.
Bail was granted on the condition that Lai Chi-ying be released on HK$10 million cash (about $1.3 million), HK$300,000 (about $40,000) personnel guarantee, no media interviews, no articles, no leaving Hong Kong, and no leaving his residence for 24 hours a day unless he reports to a police station or appears in court.
A human rights group said that this is the first case after the implementation of the National Security Law to be granted bail in court, but the conditions are unprecedentedly harsh, tantamount to house arrest and deprivation of freedom of expression, proving that the National Security Law violates human rights.
Lai Chi-ying, the founder of One Media Hong Kong, was arrested by the police four times since February 28 this year, twice for participating in last year’s anti-China movement and organizing unauthorized rallies, and once for participating in this year’s June 4 candlelight rally at Victoria Park, which was suspected of being an illegal assembly.
Lai Chi-ying becomes the first accused of collusion under the National Security Law
The most sensational was the high-profile search of the Apple Daily building on August 10 this year by about 200 police officers, who arrested Lai Chi-ying, his two sons, four senior executives of Next Media, as well as three social activists, including Hong Kong Story member Lee Yu-hin, former Scholarism member Chow Ting and Lee Chung-chak, for violating Article 29 of the National Security Law of Hong Kong and conspiracy to defraud.
The 73-year-old Lai Chi-ying reported to the police station on December 2 on suspicion of violating the “Hong Kong National Security Law”, was detained by the police overnight and charged with one count of fraud, and then arraigned on December 3, the case was heard by Judge So Wai-tak, the designated judge of the Hong Kong National Security Law, refused Lai Chi-ying’s application for bail and immediately sent to Lai Chi Kok Reception Centre for remand scabbard, to be arraigned again on April 16 next year.
This is the first time Lai Chi-ying was denied bail, need to return scabbard awaiting trial, to December 11, the police added the charge of “Hong Kong National Security Law” Article 29 “collusion with foreign countries or foreign forces to endanger national security,” is the National Security Law implemented late on June 30 this year, the first person charged with the relevant crime, the case on December 12 in the West Kowloon Magistrate’s Court, continue to be appointed by the Hong Kong National Security Law Judge So Wai Tak hearing, causing concern from all walks of life.
Lai Chi-ying applied for bail for the third time in a month
Judge So Wai Tak again rejected Lai Chi Ying bail application, the case will be postponed to next April 16 afternoon and then arraignment, during the need to continue in Lai Chi Kok Reception Centre remand scabbard custody.
After more than two weeks of scabbard remand at Lai Chi Kok Reception Centre, the Correctional Services Department last Friday (December 18) arranged for Lai Chi Ying to be transferred to the high security Stanley Prison for further detention.
The judge twice rejected the application for bail, was returned to scabbard 21 days on Wednesday, the two cases, combined to the High Court to apply for bail pending trial, by another national security law designated judge Lee Yun-teng hearing.
The judge granted bail on the condition that he could not leave his home for HK$10 million
The judge heard arguments from both sides and granted bail to Lai Chi-ying on HK$10 million (equivalent to about $1.3 million) in the afternoon. However, after the judge approved the bail, the prosecution immediately said it would appeal to the Court of Final Appeal within seven days, and invoke the Court of Final Appeal Ordinance, section 35, to apply for the continued detention of Lai Chi-ying during the appeal.
Judge Li Yun-teng rejected the application for appeal to the Court of Final Appeal on the grounds of lack of authority, the prosecution then requested to cross-examine the three personnel security persons, the defense requested to be conducted in the form of chambers. It is understood that the three are Cardinal Joseph Zen, Bishop Emeritus of the Catholic Diocese of Hong Kong, lawyer Albert Ho and visiting professor Ng Ming Tak of Hong Kong Baptist University.
Judge Lee Yun-teng eventually upheld the granting of bail for Lai Chi-ying to go out, but with significantly higher bail conditions, including HK$10 million in cash (equivalent to about US$1.3 million); HK$300,000 (equivalent to about US$40,000) in personnel guarantees; and not to carry out, directly or indirectly, any act that might be regarded as a request to a foreign or offshore agency, organization or person to implement sanctions, blockade or He must not meet with foreign officials; he must not give interviews to the media, publish any articles, post on social networking sites, leave Hong Kong, surrender all travel documents, report to the police station three times a week, and not leave his residence for 24 hours a day unless he reports to the police station or appears in court.
Human rights groups criticize the harsh conditions of bail as house arrest
He said he regretted that the bail conditions for Lai Chi-ying were very dry and harsh, but the Department of Justice still applied for an appeal to the Court of Final Appeal against the unprecedentedly harsh bail conditions, which he thought was very sad and violated the presumption of innocence of bail, which is tantamount to house arrest and deprivation of freedom of expression.
Shen Weinan said: “You see the bail conditions this time, that is, regardless of the bail, or you can say he (Lai Chi-ying) to be under house arrest at home, that is, at home he has to lose his personal freedom, in fact, another comparison on what we want to focus on, is that he is in this bail period, he is not allowed to receive any interviews, not to publish any articles, but also not in the online Media to send Post (post), you will see this even though he may get temporary leave the prison room, but in fact, his freedom of speech, freedom of expression, will all be deprived of, I think this is really unprecedented, a great opportunity is, that is, the past are rarely such occurrences, I think this is witness to get, that is, now Hong Kong that human rights situation.”
Shen Wei-nan said, from the case of Lai Chi-ying and the past two cases by the court refused to bail the national security law, can see the national case law defendants in court is difficult to apply for bail, confirming that the national security law infringement of human rights, once the prosecution in court as if “before the trial first prisoner”.
The main thing is that the court must be satisfied that you will not commit the crime again, that is, the same with (China’s) national security-related cases, it will grant bail, this is actually very strict, you can imagine, that is, in fact, the judge and how he will be satisfied that you will not commit the crime again? Even now you come back, that is, exactly how to be considered to have violated the national security law it? That is, you go online you post a post, that is, you speak a sentence in Twitter; or you go to follow, that is, you go to pay attention to a certain, such as foreign dignitaries, this is not a violation of the law it? (National Security Law) cases are reflected to, that is, we that worry is real, that is, exactly you can not be enough, if you really because of the National Security Law and arrested, prosecuted, to the court, you may really in the sentence before, you have been difficult to obtain bail, you will be imprisoned all the way.”
Wang’s grandmother is relieved that Lai Chi-ying was granted bail
Lai Chi-ying’s application for bail at the High Court on Wednesday was highly publicized, with the police standing by and a number of democrats attending the court, including former Democratic Party chairman Wu Chi-wai and Lee Wing-tat; former lawmakers Lee Cheuk-yan and Leung Kwok-hung.
In the morning, when Lai Chi-ying’s prison van arrived at the court, she held up a placard saying “Hong Kong’s national security law is illegal” and was carried onto the pavement by police officers.
The company has been granted bail for the last two years, and the woman said in an interview with the Voice of America that she was relieved that the bail conditions were harsh.
Wang Granny said: “Now the mood is much better, because Mr. Lai Chi-ying he has always been the “Apple Daily” exposed a lot of scandals, the establishment, senior officials and so on those, or the mainland that aspect of the scandal revealed, so we know some truth, very important, that is, all the way to us a lot of real news, so that we can exercise to our brain, is know how to distinguish between right and wrong, not the same as the mainland as a one-liner, is not possible, people will become stupid. “
Lai Chi-ying accused of collusion can be “sent to China” to stand trial
The fraud case involving Lai Chi-ying, accused him of concealing from the Hong Kong Science and Technology Parks Corporation in 2016 to this year, the Apple Daily building in the Tseung Kwan O Industrial Estate was sublet to Lico Consultants Ltd. in violation of the lease.
As for Lai Chi-ying’s involvement in the charge of collusion under the Hong Kong SAR National Security Law, according to the prosecution’s case, Lai Chi-ying is accused of requesting a foreign state or foreign agency, organization or person in Hong Kong to impose sanctions, blockade or take other hostile action against the Hong Kong Special Administrative Region or the People’s Republic of China between July 1 and December 1 this year, both dates inclusive, in violation of Article 29(4) of the Hong Kong SAR National Security Law. The prosecution will search for evidence on Lai Chi-ying’s social networking site Twitter account, including reviewing more than 1,000 messages and comments, as well as related video interviews. The two cases were postponed until April 16 next year.
According to Hong Kong’s national security law, Lai Chi-ying is charged with the crime of “colluding with a foreign country or a foreign power to endanger national security” by requesting a foreign country or foreign agency to impose sanctions, blockade or take hostile action against the HKSAR government or China, which is a crime punishable by 3 to 10 years in prison, and more than 10 years or life imprisonment for serious crimes. According to Article 55 of the National Security Law, under certain circumstances, such as complex cases involving the intervention of foreign countries or foreign forces, the case can be “sent to China” and transferred to the courts in mainland China for trial. The case can be transferred to the Chinese courts.
In the past six months since the implementation of the National Security Law in Hong Kong, four people have been charged with National Security Law offences, and Lai Chi-ying’s case is the latest. The four defendants have to return to scabbard pending trial after their first arraignment. Two of them had applied for bail from the High Court, including Tang Yingjie, who allegedly drove a motorcycle into a police officer during the July 1 demonstration this year, and Ma Junwen, who was accused of inciting Hong Kong independence and known as the “second-generation Captain America”, but their applications for bail were rejected by Judge Lee Yun-teng.
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