More to Agnes Chow case than a suspect simply skipping bail
- Activist’s decision to not return to Hong Kong to face trial over national security law violations is a deplorable breach of trust that could impact others, but her claims of being frogmarched to Shenzhen to learn of China’s achievements must be clarified
The release of suspects on bail is an integral part of Hong Kong’s criminal justice system. It allows those who have been arrested to remain at liberty during investigations or court proceedings.
This system depends on trust. Suspects released on bail are expected to stay out of trouble and be available if charged or tried.
If people breach their bail conditions, the system will break down.
The decision by prominent activist Agnes Chow Ting, arrested in 2020 for allegedly breaching the national security law, to jump bail is a breach of that trust. Chow was permitted to travel to Canada to study while on police bail.
She revealed on social media she would not return to Hong Kong.
Her decision has been strongly condemned by the Hong Kong government and Beijing. Chief Executive John Lee Ka-chiu said a lenient police decision to allow Chow to leave the city had led to a “complete deception”.
There is now a concern that her non-compliance will have a negative impact on others. Lee said the police would consolidate their experience regarding bail.
Security minister Chris Tang Ping-keung, meanwhile, also suggested Chow’s actions might affect other suspects.
While the police will, understandably, feel betrayed by Chow it is important that decisions to grant bail and impose conditions are made in accordance with established procedures and the circumstances of each case. Others should not suffer as a result of Chow’s actions.
Her social media post, meanwhile, makes allegations that require an explanation from relevant authorities. She said police required her, as a condition for the return of her passport, to make a trip to Shenzhen, escorted by five officers.
She said she had to write a letter thanking them for helping her learn about China’s achievements.
It is not clear whether the trip, and another letter expressing regret for her past actions, were part of her bail conditions. This should be clarified.
Such requirements would be unusual, if not unprecedented.
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Bail conditions should be confined to ensuring suspects behave and are present for any legal action taken against them. Further details of what happened should be provided.
Chow has already served a prison sentence for an offence committed during the 2019 civil unrest. She has had the national security investigation hanging over her head for more than three years, a very long time.
Efforts should be made to either charge or release suspects expeditiously, or at least explain why it takes so long to make a decision.
