Jimmy Lai denied bail in national security case

HONG KONG • Hong Kong's top court denied bail yesterday to media tycoon and Beijing critic Jimmy Lai, the most high-profile person to be charged under the city's national security law.

He has been in custody since Dec 3, except when he was released on bail for about a week late last year. He was granted bail of HK$10 million (S$1.7 million) 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 "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".

Yesterday, the CFA's five judges said in a written judgment that 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 yesterday's decision was of "a limited nature", focusing on how the lower court arrived at its decision, rather than whether Lai should be allowed bail or not.

He was arrested last August when about 200 police officers raided the newsroom of his Apple Daily tabloid newspaper.

Beijing had 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.

Prosecutors have accused Lai of breaching the law over statements he made on July 30 and Aug 18, alleging that he requested foreign interference in Hong Kong's affairs.

Lai has been a frequent visitor to Washington, meeting officials to rally support for Hong Kong democracy, prompting Beijing to label him a "traitor".

REUTERS