Police take careful account of granting bail to political activists, says Ronny Tong

Executive Councilor and senior counsel Ronny Tong Ka-wah said the bail conditions could be decided by the police and worked out with the suspect, while it is unfair to doubt the force as mishandling the bail terms for political activists.

His comment came after the famous pro-democracy activist Agnes Chow Ting said she would jump bail after being arrested for a national security offense and seek asylum in Canada. 

Tong said the police and the suspect must both consent to adjust the bail conditions if the suspect wishes to be granted a temporary departure from Hong Kong while on bail.

"This can be any condition, as long as there are no violations," the senior counsel said, adding that the court could make the final decision if there are disagreements between the two parties over the bail terms.

Tong said the police have considered a basket of factors - including the likelihood of the person on bail fleeing or the seriousness of the offenses - before granting bail to the suspects or whether to return their travel documents.

He stated that it is unfair to judge the police as mishandling the bail condition for Chow, as it is a kind gesture for the force to provide support for her rehabilitation by allowing her to study abroad when on bail.

As for a number of pro-democracy activists who have left the city while on bail and publicly declared never to return, Tong suggests the police take careful account when handling similar cases in the future.

Regarding whether the incident would affect the bail chances of other defendants who violated the national security law, Tong pointed out that every case is different and believed the police would carefully consider the risks when handling each case.

For the reason behind Chow's successful application for a new Home Return Permit to visit the mainland despite being on bail, Tong clarified that it is decided by the mainland border authorities to grant the entry permits but not the HKSAR authorities.