Hong Kong court cites activist Chow Hang-tung’s behaviour after adoption of national security law in denying bail before trial
- Judge points to activist Chow Hang-tung’s ‘past conduct and statements’ after 2020 introduction of national security law in denying bail ahead of February pretrial hearing
- Chow is accused of inciting subversion in connection with her role as vice-president of group behind city’s annual Tiananmen Square vigil
Mr Justice Andrew Chan Hing-wai on Thursday told the High Court he was not satisfied that Chow Hang-tung would not commit further national security offences if she was granted temporary release.
“Given the applicant’s past conduct and statements uttered after the promulgation of the national security law on 30 June, 2020, I am not in a position to say that I have sufficient grounds [to believe] that the defendant would not continue to commit acts endangering national security,” said Chan, who was hand-picked by the city leader to adjudicate national security proceedings, without elaborating further.
Details of Thursday’s bail hearing were exempt from statutory reporting restrictions after the judge lifted the curbs at the request of the media.
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The same charge also targets two of the group’s now-detained senior members: chairman Lee Cheuk-yan, 66; and vice-chairman Albert Ho Chun-yan, 72.
Prosecutors have accused the alliance of undermining China’s ruling system by seeking to overthrow the central government controlled by the Communist Party.
Chow had made multiple bids for temporary release at the lower magistrates’ court but to no avail. The string of unsuccessful attempts eventually prompted Principal Magistrate Peter Law Tak-chuen to require Chow to first seek the court’s written consent to a bail hearing before she could renew her application.
Her counsel, Cheung Yiu-leung, on Thursday pushed forward an interpretation of the Beijing-decreed legislation that would render one not liable for “the peaceful expression of thought, speech, belief and opinion”.
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“Looking at her speeches in her past, her acts, she is 100 per cent modest,” Cheung said. “She has very strong opinions on certain things, but she is 100 per cent modest.”
Cheung also referred to a 15-page report, published in May 2023 by the United Nations’ Human Rights Council, on what it deemed to be the “arbitrary detention” of Chow, but Chan snubbed that submission.
“If you wish to make a political statement, make it outside,” the judge said.
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Another reason for Chow’s bail bid, the court heard, was for her to better communicate with an overseas expert on the Chinese constitution who the defence intended to engage in the pending trial.
But William Siu Kai-yip, acting senior assistant director of public prosecutions, said the prison service had never blocked any request by Chow’s lawyers or friends to meet the detained activist, noting she had more than 490 meetings with visitors during her incarceration.
“The defendant can arrange as many visits as she wishes to,” Siu said. “That would not be a ground for granting her bail.”
