Lai to wait behind bars as judges 'need time' on bail case

Next Digital founder Jimmy Lai Chee-ying is back in jail custody after Court of Final Appeal judges said they need time to consider prosecutors' appeal against his bail.

The city's top court said it will issue a written statement later to determine whether Lai can be released on bail after hearing the appeal yesterday.

Lai, 73, has been charged with collusion with foreign forces under the national security law and is facing another charge of fraud.

He was granted HK$10 million bail on December 23 by High Court Judge Alex Lee Wan-tang on the condition that he remains in his residence and surrenders his travel documents. He was also banned from taking part in media interviews and posting on social media.

But he was put back behind bars days later by the CFA after the Department of Justice appealed against the High Court's decision.

Lai's case was heard by five designated national security judges yesterday - new Chief Justice Andrew Cheung Kui-nung, permanent judges Roberto Ribeiro and Joseph Paul Fok Shiu-kong and non-permanent judges Patrick Chan Siu-oi and Frank Stock.

Acting deputy director of public prosecutions, Anthony Chau Tin-hang, said the court must consider a national security law clause first, which says no bail will be granted to a defendant unless the judge has sufficient grounds for believing that the defendant will not continue to endanger national security.

Unlike other criminal proceedings, the default position for the security law is that no bail should be granted, Chau said, adding that the court should consider the law before the general Criminal Procedure Ordinance.

Chau also said the bail conditions were completely irrelevant and should not be taken into account. But non-permanent judge Stock questioned its fairness and said bail conditions could help prevent reoffending.

Stock also asked Chau to give an example where the judge, without considering bail conditions, has sufficient grounds to believe the defendant would not reoffend.

Chau explained that if a suspect was arrested for chanting Hong Kong independence slogans, bail may be granted based on his behavior rather than bail conditions.

But permanent judge Ribeiro said the court must consider all factors, noting it was difficult to understand why the DoJ wants to exclude bail conditions.

"If the court is able to control where the defendant lives, whom he can meet and even control the digital devices he uses, why not?" said Chief Justice Cheung.

Senior counsel Stewart Wong Kai-ming who represented Lai said Chau's claim that bail conditions should not be considered was completely wrong.

Wong said if the court believes that bail conditions should be considered, then High Court judge Lee made the right decision and Lai should be released on bail.