National security law: Hong Kong judge cites ex-lawmaker Raymond Chan’s good Legco record in subversion case bail release
- High Court Judge Esther Toh says any chance of Chan reoffending is mitigated by stringent bail conditions
- Chan is one of 47 opposition politicians and activists charged with subversion of an unofficial primary election last year
In a decision released on Tuesday, High Court Judge Esther Toh Lye-ping also pointed out that the former leader of the localist People Power party had a history of cooperating with the government during his time in the legislature.
Prosecutors have described the primary – which has seen 47 opposition politicians and activists charged under the Beijing-imposed security law – as “a massive and well-organised scheme” to undermine Legco and force city leader Carrie Lam Cheng Yuet-ngor to resign.
Chan is one of just 14 defendants to be granted bail in the case, and only the third to overturn a lower court’s decision refusing it.
He was released on a HK$100,000 (US$12,850) cash bond plus three sureties totalling HK$300,000, and was ordered to observe a travel ban and a daily curfew from 11pm to 7am, as well as to report to police four times a week.
In a bail hearing on September 16, Chan’s lawyer, Derek Chan Ching-lung SC, had sought to secure his client’s release by referring to a 2018 remark made by Legco president Andrew Leung Kwan-yuen, who called him “the most diligent legislator” and praised his ability to ask constructive questions in meetings.