The fifteen defendants included former lawmakers Kwok Ka-ki, Jeremy Tam and Helena Wong, Victor Magistrate said. All the remaining 32 accused, including former law professor Benny Tai and activist Joshua Wong, are in custody until the next trial on May 31.
Prosecutors, however, immediately appealed the bail decisions, which also forced the magistrate to detain the 15 accused in custody until an appeal hearing is held in the Supreme Court within 48 hours.
In granting bail, Chief Magistrate Victor So said that the accused may not publish speeches or act on any platforms that could reasonably be endangered as national security. The 15 accused are also not allowed to participate in any election, with the exception of votes.
The accused may not contact foreign officials or legislators directly or indirectly, and must hand over all travel documents and obey a curfew order.
After the decision was announced, some of the accused shouted ‘people from Hong Kong, we are not dead yet’ and ‘political prisoners are not guilty’, and thanked lawyers for their support.
Under Hong Kong law, reporters may not disclose details of individual bail submissions. The magistrate rejected a request to deny release at trial.
The prosecutor adjourned the next trial until May 31, after prosecutors said police would need more time to investigate the defendants’ mobile devices and financial records.
The bail decisions came after prosecutors and defense spent four full days granting bail to each of the accused.
Fans fill the gallery
Since Monday, supporters of the pro-democracy movement – mostly wearing black – have lined up outside West Kowloon court and filled the public gallery. When the decision was announced Thursday night, dozens of police officers were seen outside the courthouse on standby.
Hong Kong’s common law system usually requires prosecutors to convince the court why a judge should not grant bail. However, the National Security Act stipulates that bail may not be granted to defendants unless the court is satisfied that they “will not continue to commit acts that endanger national security.”
Representatives of foreign missions were present to monitor the proceedings. Joakim Ladeborn, deputy consul of the Swedish embassy in Hong Kong, told CNN on Tuesday that the EU is concerned about how the national security law has been implemented in Hong Kong. “We are following national law matters very closely,” he said.
Authorities chose to hold all bail hearings at once, turning the normal procedure into a series of grueling, lengthy court hearings.
At least six defendants were admitted to hospital amid the marathon hearings, the court heard.
The 47 pro-democracy politicians are accused of plotting to overthrow an election in July last year, which is the biggest application of the national security law since it was introduced last year. The offense carries a maximum penalty of life imprisonment.
Prosecutors have asked the judge to deny bail to all 47 accused and give the government another three months to investigate, calling at least one lawyer a “major injustice”.
Clear legislation
Prosecutors allege that the accused, including prominent activist Joshua Wong and law professor Benny Tai, were involved in a ‘massive and well-organized scheme to undermine the Hong Kong government’ through an unofficial primary election last July to plan and participate in it. Such contests are a normal feature in democracies around the world, during which political parties select the strongest candidates for an election.
However, police have claimed that the scheme is in breach of the new National Security Act. The law punishes segregation, undermining, terrorism and collusion with foreign powers, and carries a maximum sentence of life imprisonment. Cases under the comprehensive legislation are handled by a dedicated branch of Hong Kong police and judges appointed to hear national security cases.
The trial of the 47 political activists was met with strong opposition in Hong Kong and in Western democracies such as the United Kingdom and the United States.
China says it needed to enact national security legislation after the government’s attempt to pass an unpopular extradition bill nearly two years ago led to massive, sometimes violent pro-democracy protests in Hong Kong.
Hong Kong’s local government and Beijing authorities say the charges against the 47 activists are a matter of national security and have warned foreign parties against interfering in China’s domestic and judicial affairs.