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Hong Kong national security law: judge grants activist bail to finish nursing degree

  • In a written judgment, Justice Esther Toh says she does not believe Owen Chow explicitly called for Hong Kong independence
  • Chow is one of 47 opposition figures accused of conspiring to subvert state power

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Owen Chow was granted bail in his national security law case. Photo: Dickson Lee
A Hong Kong judge selected to hear national security law proceedings granted an opposition activist bail ahead of his subversion trial so he could finish his nursing degree, court documents released on Thursday show.
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In a written judgment released by the judiciary, Madam Justice Esther Toh Lye-ping of the Court of First Instance said her decision to grant Owen Chow Ka-shing’s application two months ago was also based on her belief the activist had never explicitly called for Hong Kong independence during an unofficial primary for legislative elections last year.

Chow, 24, a candidate in the July primary and an undergraduate at the Open University of Hong Kong, previously secured bail of HK$50,000 (US$6,440) plus a surety of HK$50,000. Conditions for his release included a ban on overseas travel, as well as running, organising and coordinating any elections.

He was one of 13 defendants to be bailed in a case in which 47 opposition figures have been charged in connection with an alleged conspiracy to subvert state power, in what prosecutors called a massive and well-organised plot to paralyse the government, and topple the city’s leader by securing a controlling majority in the Legislative Council.

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The judgment was part of a wider set of documents involving bail decisions which were uploaded to the judiciary website, given the large amount of public interest in proceedings involving the national security law.

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Documents revealed that in the June 22 bail hearing, prosecutor Andy Lo Tin-wai tried to persuade the court to turn down Chow’s bid, by relying on an online declaration the activist signed, whereby he pledged to block the administration’s budget to pressure the chief executive to accede to demands by anti-government protesters.

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