Hong Kong court denies bail to first defendant charged under national security law without considering new test created under Article 42
- Conventional risk factors enough to justify denying bail to Tong Ying-kit, rules Justice Alex Lee, who nonetheless clarifies court’s interpretation of new article
- Judge makes rare decision to allow reports on bail judgment after application made by several media outlets
Mr Justice Alex Lee Wan-tang on Tuesday dismissed Tong Ying-kit’s bail review on the grounds of conventional risk factors, such as absconding and reoffending, finding it unnecessary to consider the new test introduced by the sweeping legislation’s Article 42.
But his 16-page judgment further clarified the court’s interpretation of the article, saying it had the effect of emphasising the particular weight courts should give the defendant’s likelihood of committing national security offences while out on bail.
“[Article 42] does not introduce any drastic or significant changes to the existing law and practice regarding bail applications,” the judge explained. “I am of the view that the present one falls within the vast majority of cases which can be disposed of by considering the conventional risk factors without Article 42.”
Details of bail negotiations are typically subject to reporting restrictions to avoid prejudice, but reports are allowed in the present case after the judge granted an application by several media outlets to publish his judgment, which had pages discussing the case against Tong redacted.