Jimmy Lai remains in custody after Hong Kong’s top court adjourns bail ruling

Feb2,2021 #HONG KONG #Jimmy Lai

Sushree Mohanty

The Court of Final Appeal of the Hong Kong Special Administrative Region (HKSAR) has decided to adjourn bail ruling of media mogul Jimmy Lai Chee-Ying over crimes against national security. 

The decision comes nearly two months after Lai, the founder of Apple Daily newspaper who is a fierce critic of China’s authorities, was granted bail and was placed under house arrest. He was also ordered to pay a $1.3 million bond.

The case has been closely watched in Hong Kong due to 73-year-old Lai’s high profile and the precedent it will set for whether individuals facing national security charges can post bail.

“The appeal today is of enormous significance. The National Security Law overrides and undermines many of the basic principles that underpin Hong Kong’s common law system, including the presumption of bail,” said Johnny Patterson, policy director of Hong Kong Watch in the UK.

Lai was suspected of violating the Law of the People’s Republic of China on Safeguarding National Security in the HKSAR. He has been charged with misrepresentation, fraud and colluding with foreign forces to endanger national security.

He appeared in West Kowloon Magistrates’ Courts for trial on December 3rd and 12th, 2020 respectively. 

The two cases were adjourned and Lai’s bail applications were dismissed.

On Dec. 23, 2020, Lai applied to the High Court of the HKSAR for bail and succeeded. Unsatisfied with the court’s decision, the Department of Justice of the HKSAR government applied to the Court of Final Appeal for leave to appeal and mentioned that Lai be remanded in custody pending the issuance of the appeal decision.

Allowing the appeal by the prosecution, Lai was directed to be detained in custody immediately and his subsequent court appearance was scheduled for Feb. 1, 2021.

Jimmy Lai’s trial is listed to start in April.

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