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Hong Kong national security law
Hong KongLaw and Crime

Hong Kong national security law: marathon bail hearing triggers complaints from the 47 defendants over authorities’ handling of the subversion case

  • Complaints accuse prosecution of inadequately preparing for the case, criticise court arrangements as ‘most unsatisfactory’
  • Politicians, activists appeared in four-day bail hearing charged with subversion over an unofficial primary election last summer

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Supporters of the 47 defendants wait outside West Kowloon Court. Photo: Felix Wong
Brian Wong

A four-day court hearing for Hong Kong’s biggest national security prosecution has triggered a wave of complaints from the 47 defendants and their lawyers over the authorities’ handling of the case, which they said left the accused in dirty clothes, sleep deprived and hungry in the dock.

The marathon bail proceedings at West Kowloon Court – which dragged on for a total of 28 hours of marathon hearings spanning four days – not only prompted the opposition figures’ representatives to accuse the prosecution of inadequately preparing for the case, but also attracted criticism from a legal scholar, who found the court’s arrangements “most unsatisfactory” and said the defendants deserved better treatment.
On Thursday night, 15 of the 47 defendants were granted bail, but were ordered to remain in custody after prosecutors appealed the decision. They were sent back to Lai Chi Kok Reception Centre and Lo Wu Correctional Institution, which house male and female detainees, respectively.
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A former top prosecutor, however, sympathised with the presiding judge citing the unprecedented nature of the case under the national security law, which took effect on June 30 last year.
The 47, including former opposition legislators and incumbent district councillors, were first in the dock on Monday morning, a day after they reported back to police – more than a month ahead of the original date on police demand – and were detained overnight for questioning. They were arrested in January on suspicion of plotting to subvert state power and remanded in various police stations overnight for questioning.
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Hong Kong opposition activists rushed to hospital after marathon bail hearing

They were accused of a conspiracy to commit subversion by seizing control of the legislature with the ultimate aim of paralysing the government and toppling the city’s leader. Prosecutors requested all of the accused be remanded in custody while police complete their investigation.

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