National security law: magistrate grants bail to 1 of 4 University of Hong Kong students charged with advocating terrorism but prosecutors object
- Charles Kwok, Kinson Cheung, Anthony Yung and Chris Todorovski are the first to be charged with offence under Beijing-imposed legislation
- Magistrate grants Yung bail of HK$50,000 but prosecutors object and ask for review
A magistrate on Thursday granted bail to one of four University of Hong Kong student leaders charged with advocating terrorism for passing a motion praising the “sacrifice” of a man who stabbed a police officer before killing himself, but prosecutors objected.
Following the prosecutors’ move, Anthony Yung Chung-hei, 19, was remanded in jail custody with student union president Charles Kwok Wing-ho, 20, student union council chairman Kinson Cheung King-sang and residential hall representative Chris Todorovski Shing-hang, 18.
The four were brought before West Kowloon Court after being arrested the previous day. They were the first people to be charged with advocating terrorism since the Beijing-imposed national security law, which also bans acts of subversion, secession and collusion with foreign forces, took effect on June 30 last year.
Prosecutors also charged them with inciting others to wound with intent over their roles in the motion passed by the university’s student union council last month. They argued the four had incited others to “unlawfully and maliciously wound police officers”.
More than 30 student union members attended a July 7 meeting where the controversial motion was passed mourning and “appreciating the sacrifice” of the assailant, whose crime was described by officials as a “lone wolf-style act of domestic terrorism”. The motion was withdrawn a day later amid an outcry.
The resolution also expressed “deep sadness” over the death of the man who stabbed the officer outside the Sogo department store in Causeway Bay on July 1 – the anniversary of Hong Kong’s handover from British to Chinese sovereignty – before turning the knife on himself.
Under the national security law, judges can only grant bail if they are satisfied the defendant will not endanger national security while awaiting trial, a higher threshold than almost all other criminal cases.
On Thursday, Principal Magistrate Peter Law Tak-chuen rejected bail applications for all the defendants aside from Yung.
In granting Yung bail, Law said he had carefully considered “arguments advanced by both sides, the facts of the case, including the allegations and how different roles they played may lead to a greater risk”.
He set bail at HK$50,000 (US$6,400), with strict conditions that Yung surrender his travel documents, obey a curfew, not publish or do anything reasonably believed to endanger national security and not give any media interviews.
Yung’s mother was also ordered to pay HK$50,000 as surety.
But soon after Law’s decision, acting deputy director of public prosecutions Anthony Chau Tin-hang said: “The prosecution wants a review of the bail application.”
A magistrate has no jurisdiction to hear such a challenge by prosecutors and Yung is expected to be brought before the Court of First Instance within 48 hours.
Chau also asked the court for an adjournment for eight weeks so police could review closed circuit television footage and study nine mobile phones and computers seized on Wednesday.
Barrister Anson Wong Yu-yat, for Yung, objected, arguing that police might not need such a long time as they had already looked at the footage and might not be able to unlock the defendants’ devices.
Law adjourned the case to September 14 to decide whether a longer preparation period was needed.
The four defendants were not required to make a plea. They looked over at the court gallery and nodded from time to time at their supporters.
Young people filled the gallery including many HKU students, although no one cheered or chanted slogans, a scene often seen in other cases involving activists.
Police officers manned the court building’s exit, warning attendees not to gather because of social-distancing rules – or face a fixed fine of HK$5,000 – when proceedings finished at 7pm.
Under Article 27 of the national security law, anyone convicted of advocating terrorism or inciting terrorist acts faces a sentence of five to 10 years in prison.
Officers from the force’s National Security Department arrested the suspects in a series of raids on Wednesday.
