Sushree Mohanty
Hong Kong’s High Court has allowed the bail plea of an individual accused of conspiracy and subversion while remanding another in a widely highlighted case involving 47 other accused.
The court was hearing an appeal petition moved by the prosecutor against the lower court’s decision to grant bail to the accused activist.
Hong Kong laws restrain media coverage of the pleadings in a bail hearing.
The lower court conceded the bail applications of 15 activists last week.
The court while allowing the bail plea heard the pleadings of the 47 accused which stretched the court proceedings late into the night for four sequential days and resulted in some of the respondents becoming sick and hospitalized.
Of the 32 for whom bail was denied, 24 individuals have filed for an appeal in higher court.
The 47 activists are charged for taking active participation in an informal, unlawful, and non-binding poll that the authorities believed was a part of the “conspiracy” to oust the current government.
The case offers knowledge into how the protection and security law drafted by Beijing conflicts with the world’s business hub’s precedent-based law and customs.
The conflicting rules highlight the gaping hole in the legal system where activists are detained in custody for a long time until the proceedings begin.
The case is being followed up by the Foreign diplomats and representatives along with various Activist Groups as concerns mount over the disappearing space for expressing disagreement in the former British province, which took a quick authoritarian move after the introduction of the new law.
In contradiction with the former rules, the new security law puts the burden of proof on the respondents to demonstrate that they will not pose a security danger when allowed bail.
The prosecution in the case moved appeal pleas against the bail plea verdict and also objected to the accused’s immediate release.
Four accused in the matter were released on bail after the hearing conducted after the prosecutors withdrew their appeal petitions.
Former lawmaker official Helena Wong was granted bail as the High Court dismissed the objection plea.
The court denied the bail application moved by democratic leader Ng Kin-wai and said that it would pronounce its reasons for dismissing the plea at a later date.
Nine other accused in the case are scheduled to appear before the court for their bail hearings.
The citizens and diplomats supporting the new security law, which carries strict punishment for what it categorizes as secession, subversion, terrorism, and illegal intimidation and conspiracy with foreign powers with up to life imprisonment, say it is important to re-establish stability in Hong Kong.
Hong Kong’s Department of Justice has said no individual must be allowed to meddle with autonomous prosecutorial decisions, as it would sabotage law and order.