National security: five core members of Hong Kong’s Law Society voice personal concern over state media’s blasting of Jimmy Lai bail ruling
- Group members, all from society’s governing council, insist they are speaking in their personal capacity rather than for the professional body, and say ‘unfounded attacks’ on Lai could prejudice his right to a fair trial
- They Secretary for Justice Teresa Cheng to defend the city’s judiciary against ‘unwarranted accusations’ levelled by state-controlled media
The five lawyers – including human rights advocates Mark Daly and Kenneth Lam – also urged Secretary for Justice Teresa Cheng Yeuk-wah to defend the city’s judiciary against any “unwarranted accusations” levelled by state media. They insisted they were speaking in their personal capacity rather than for the 10,000-strong professional body.
At the centre of the controversy was a strongly worded commentary published by People’s Daily on Sunday, which slammed Hong Kong’s High Court for granting HK$10 million (US$1.3 million) bail to Lai – the founder of Next Digital – whom it described as “notorious and extremely dangerous”.
It was published days ahead of government prosecutors’ planned appeal against the bail decision.
“The commentary published by People’s Daily could be perceived as putting pressure on the judiciary to decide a pending case in a particular manner, which breaches the sub judice rule and could prejudice the accused’s right to a fair trial,” the lawyers argued.
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“These attacks should cease immediately.”
Also signing the statement with the five lawyers – who are part of the Law Society’s governing council – were Michelle Tsoi Wing-tak, Davyd Wong and Janet Pang Ho-yan.
They expressed concern over the commentary’s suggestion that the mainland administration could take over Lai’s case by invoking Article 55 of the national security law, which allows the central government to assert jurisdiction over certain cases and move defendants to the mainland for trial.
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They said they feared that fundamental and non-derogable rights – including the right to a fair trial – could be violated on the mainland, and urged authorities to uphold strict adherence to the rule of law and exercise restraint and caution in invoking its power under the national security legislation.
Lai, championed by supporters as a democracy advocate, has been charged with collusion with foreign forces for allegedly using his Apple Daily newspaper and personal Twitter account to call for foreign sanctions against local and mainland Chinese authorities.
Beijing mouthpiece slams Hong Kong court for granting Jimmy Lai bail
He was the first person charged under the new law to be granted bail, after spending 20 days in custody, but was ordered by Mr Justice Lee Wan-tang of the High Court to remain at his home and observe a string of terms, including not giving interviews, meeting with foreign officials or using social media.
Lai, 73, will return to court on Thursday for a hearing, as prosecutors seek to put him behind bars to await trial.
