Hong Kong national security law: media tycoon Jimmy Lai sent back behind bars as top court allows prosecutors to appeal against release on HK$10 million bail

Name: Hong Kong media tycoon Jimmy Lai in court as prosecutors appeal bail release
Uploaded: 2020-12-31T08:16:02.000Z
Duration: 1 min 21 s
Description: Hong Kong media tycoon Jimmy Lai in court as prosecutors appeal bail release

Beyond bail issue for Lai, 73, case has put the spotlight on extent of power and jurisdiction of the Court of Final Appeal under city’s mini-constitution

Panel of three judges suggests a lower court’s decision to let tycoon out on bail was wrongly based on a misinterpretation of national security law

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Media tycoon Jimmy Lai returns to Lai Chi Kok Reception Centre on Thursday after being remanded in custody again. Photo: Felix Wong

Brian WongandTony Cheung

Published: 4:16pm, 31 Dec 2020Updated: 9:42am, 1 Jan 2021

Hong Kong’s highest court sent media tycoon and outspoken Beijing critic Jimmy Lai Chee-ying back behind bars on Thursday, allowing prosecutors to appeal against his release last week on HK$10 million bail pending trial on charges of fraud and violating the city’s national security law.

The case, beyond the issue of bail for the 73-year-old founder of the popular Apple Daily tabloid, has put the spotlight on the extent of power and jurisdiction of the Court of Final Appeal under the city’s mini-constitution, the Basic Law.

A panel of three judges remanded Lai in custody ahead of the appeal hearing in a month’s time, suggesting that a lower court’s decision to let him out on bail was wrongly based on a misinterpretation of the Beijing-imposed legislation, and setting the stage for intense debate over its authority as the final arbiter under the Basic Law.

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Hong Kong media tycoon Jimmy Lai in court as prosecutors appeal bail release

Chief Justice Geoffrey Ma Tao-li rejected the defence’s argument challenging the top court’s jurisdiction over bail applications, saying that authority was “inherent” as it was entitled to scrutinise the High Court’s decision to grant bail under Article 42(2) of the national security law. The clause specifies that “no bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing that the criminal suspect or defendant will not continue to commit acts endangering national security”.

“We consider it reasonably arguable in the present case that the learned judge may have erred in his construction or application of NSL A42(2) in adopting his approach to the granting of bail,” Ma concluded.

Thursday’s ruling centres on two questions of law: whether the top court has the power to handle appeals arising from bail applications; and what should be the correct interpretation of Article 42(2).

The hearing drew considerable attention as it was the first time that Hong Kong’s top court, established in 1997 when the city was handed back from British to Chinese rule, tackled a case stemming from the national security law. The sweeping legislation was imposed by Beijing on June 30 to criminalise acts of secession, subversion, terrorism and collusion with foreign forces.