Hong Kong court refuses bail bid by activist Chow Hang-tung ahead of national security trial
Hong Kong Free Press
A Hong Kong court has refused to grant bail to activist and human rights lawyer Chow Hang-tung, who has been detained for more than two years awaiting trial on a national security charge.
Chow, 38, appeared before Judge Andrew Chan at the High Court on Thursday to seek bail before her trial for allegedly inciting subversion under Beijing’s sweeping national security law. She has been detained since September 2021.
The former vice-chair of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China – the now-disbanded group which organised annual June 4 Tiananmen vigils – stands accused along with the Alliance itself and two of its ex-leaders, Lee Cheuk-yan and Albert Ho. They are both also in custody.
Chan refused Chow’s bail bid after hearing submissions from both parties, saying there were insufficient grounds to believe that she would not continue to endanger national security if granted it. He did not elaborate.
Bail applications in national security cases face a stricter assessment than in criminal cases. Judges would consider whether there are sufficient grounds for believing the accused “will not continue to commit acts endangering national security.”
Trial expected in 2nd half of 2024
Thursday’s hearing differed from usual bail application proceedings following a successful joint application by Agence France-Presse, Reuters, and HK Court News for the lifting of reporting restrictions on Chow’s case.
Reporting on bail proceedings is restricted by law to the outcome and, if bail is granted, to the conditions, as well as basic information about the applicant, the offence, and the proceedings – unless wider reporting is approved by a judge in “the interests of public justice.”
“Free to publish whatever,” Judge Chan said as he gestured towards reporters in the courtroom.
Barrister Cheung Yiu-leung, representing Chow, told the court her speeches and opinions were “modest” and there was no evidence that “peaceful expression” would endanger national security as the prosecution alleged.
Cheung invited the court to protect fundamental human rights when considering whether there were sufficient grounds to believe Chow would not continue to endanger national security should bail be granted.
He added that Chow, also a barrister, intended to represent herself at her trial. A foreign expert on China’s constitution had agreed to be a defence witness, and Chow should be given the opportunity to hold detailed discussions with the expert which had not been possible in custody.
The prosecution said Chow had continued to commit acts “capable of endangering national security” even when detained. She could communicate with the expert via her lawyers, and there were no restrictions on her social and legal visits in prison, the prosecution added.
There is no set date for the trial yet. Before rejecting the bail application, Judge Chan said the trial could be expected in the second half of 2024, adding that “it is all tentative.”
A case management hearing is expected on February 15, when a panel of judges will decide on the trial date, Chan said.
Chow and observers in the public gallery wished each other “Merry Christmas” before she was led away by correctional officers.
Trial without a jury
Similar to other high-profile national security trials, including those for media mogul Jimmy Lai and 47 pro-democracy figures, Chow and the Alliance will be tried without a jury at the demand of the authorities.
Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalises subversion, secession, collusion with foreign forces and terrorist acts and carries a maximum penalty of life behind bars.
Before voting to disband in September 2021, the Alliance organised annual candlelight vigils to commemorate victims of the Tiananmen crackdown in 1989. It is estimated that hundreds, perhaps thousands, died when the People’s Liberation Army cracked down on protesters in Beijing, ending months of student-led demonstrations.
The Alliance had for years called on mainland China to “end one-party rule” and “build a democratic China.” Under the security law, it was accused of inciting other people to overthrow or undermine Beijing’s rule.
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