National security law: Jimmy Lai back in prison while Hong Kong’s top judges consider bail provision in legislation
- Court of Final Appeal casts doubt on prosecutors’ interpretation of a key provision in legislation
- Judges reserve ruling after hearing on correct reading of Article 42(2) of new law
Hong Kong’s top judges have cast doubt on prosecutors’ interpretation of a key provision in the national security law in considering the bail application by media tycoon Jimmy Lai Chee-ying.
But three members on the panel of five at the Court of Final Appeal also found problems with the principles laid down by a lower judge on granting bail to defendants charged under the new law, when he dealt with an application in another case.
Lai was sent back to custody after the top court reserved its ruling on Monday.
The hearing centred on the correct reading of Article 42(2) of the new law, after the top court approved prosecutors’ appeal against the High Court’s decision to release Lai on HK$10 million bail and place him under house arrest.
The appeal was heard before Chief Justice Andrew Cheung Kui-nung, permanent justices Roberto Ribeiro and Joseph Fok, and non-permanent local judges Patrick Chan Siu-oi and Frank Stock. No overseas judges presided over the hearing, which is contrary to the top court’s tradition.
