Among the 15 defendants were former Kwok Ka-ki MPs Jeremy Tam and Helena Wong, Chief Magistrate Victor So said. All 32 remaining defendants, including former law professor Benny Tai and activist Joshua Wong, were remanded in custody until the next hearing on May 31.
However, prosecutors immediately challenged the bail decisions, forcing the magistrate to also arrest the 15 defendants in custody until a 48-hour appeal hearing at the High Court.
In granting bail, Chief Magistrate Victor So stated that defendants must not publish any speech or commit any act on any platform that could reasonably be considered to endanger national security. Also, the 15 defendants are not allowed to participate in any election, except for the vote.
Defendants must not directly or indirectly contact any foreign official or parliamentarian and must hand over all travel documents and comply with a restraining order.
After the decision was announced, some of the defendants chanted “Hong Kong people, we are not dead yet” and “political prisoners are not guilty” and thanked the lawyers for their support.
Under Hong Kong law, reporters are not allowed to disclose details of individual bail deposits. The magistrate rejected the request for an exemption at the hearing.
The prosecutor’s office postponed the next hearing until May 31, after prosecutors said police would need more time to investigate the defendants’ mobile devices and financial files.
Bail decisions came after prosecutors and the defense spent four days discussing whether each of the defendants should be given bail.
Fans fill the gallery
On Monday, supporters of the pro-democracy movement – most dressed in black – lined up in front of West Kowloon court and filled the public gallery. As the decision was announced on Thursday night, dozens of police officers were seen waiting in front of the courthouse.
Hong Kong’s common law system has traditionally required prosecutors to convince the court why a judge should not bail. However, the national security law stipulates that defendants can only be given bail if the court is convinced that “they will not continue to commit acts that endanger national security”.
Representatives of foreign missions were present to monitor the procedures. Joakim Ladeborn, deputy consul of the Swedish embassy in Hong Kong, told CNN on Tuesday that the EU is concerned about how national security law has been implemented in Hong Kong. “We are following the cases of the national security law very closely,” he said.
The authorities have chosen to hold all bail sessions simultaneously, which has turned what is normally a routine legal procedure into a series of lengthy court hearings.
At least six defendants were hospitalized behind the marathon hearings, the court said.
The 47 pro-democracy politicians are accused of a conspiracy to commit subversion of an electoral primary in July last year, marking the largest application of the national security law since it was imposed last year. The crime provides for a maximum penalty of life imprisonment.
Prosecutors had asked the judge to deny bail for all 47 defendants and give the government another three months to investigate, which at least one defense lawyer called “a major injustice.”
General legislation
Prosecutors said the defendants, including prominent activist Joshua Wong and law professor Benny Tai, were involved in a “massive and well-organized plan to subvert the Hong Kong government” by planning and running in the informal primary elections in Hong Kong. last July. Such contests are a normal function in democracies around the world, as political parties select the strongest candidates for election.
However, police said the scheme fell behind the new national security law. The law criminalizes secession, subversion, terrorism and collusion with foreign powers and carries with it a maximum life imprisonment. Cases covered by comprehensive legislation are handled by a dedicated branch of the Hong Kong police and judges appointed to hear national security cases.
The trial of the 47 political activists was met with strong opposition in Hong Kong and in Western democracies such as the United Kingdom and the United States.
China says it has been necessary to adopt national security legislation after the government’s attempt to introduce an unpopular extradition bill sparked massive, sometimes violent, pro-democracy protests in Hong Kong nearly two years ago.
The local government and Hong Kong authorities in Beijing say the allegations against the 47 activists are a matter of national security and have warned foreign parties not to interfere in China’s internal and judicial affairs.