Tears, fatigue and no-bathing gripes as bail marathon halted

The marathon bail hearing for 47 pro-democracy politicians and activists came to a halt for the second time last night at West Kowloon Magistrates' Court, after the first day dragged on until 3am yesterday and landed four in hospital.

The 47 are charged with subversion for organizing or participating in the pro-democracy camp's primary elections last July to select candidates for the now-suspended Legislative Council election. The maximum penalty for subversion under the national security law is a life sentence.

Chief magistrate Victor So Wai-tak called a halt to the second day of hearings at 10.36pm last night.

Eight defendants have yet to address the court regarding their bail applications in the more than 24-hour hearing across the last two days and will do so after the court resumes at noon today.

So said he saw some defendants showing signs of fatigue, such as Occupy Central founder Benny Tai Yiu-ting, who fell asleep. He then allowed some defendants to leave the court and rest at the Lai Chi Kok Detention Centre.

He expects to have the final decision at around 5pm today.

Earlier, one of the defendants, Lawrence Lau Wai-chung, 53, also a practicing barrister, apologized for not bathing for three days before addressing the court. He added: "When someone is stripped of their freedom, they are also stripped of their personal hygiene and appearance, which makes them lose confidence. I do not understand why I ended up in custody when I have been law-abiding my whole life."

Lau cried as he gave the final part of his speech, saying he was so glad court staff called him "barrister Lau" instead of the "16th defendant."

Someone among the defendants and their legal representatives yelled: "Hang in there, barrister Lau!" Lau was also given a round of applause after he finished addressing the court for his bail application.

Earlier, senior counsel Linda Wong Sui-hung was seen crying as she addressed the court for Southern District councillor Tiffany Yuen Ka-wai.

It is understood that Yuen's mother attended the hearing until late Monday night and had to leave the court yesterday noon to see a doctor for worrying for her daughter.

Defendant Gwyneth Ho Kwai-lam, 30, showed signs of fatigue after the lunch break, burying her head in her arms inside the dock.

A defense counsel told the court that his defendants did not return to their cells at Lai Chi Kok until nearly 7am yesterday.

"The defendants have to attend court hearings that started at 8 this morning [yesterday], which means they could only rest for at most two hours, causing them to be physically tormented," he said.

In response, So said the same situation will not happen again, as he consulted lawyers regarding when to have the hearing, which is to be continued today.

So initially halted the 14-hour hearing at nearly 3am yesterday after Wan Chai District Council chairwoman Clarisse Yeung Suet-ying, 34, fainted in court.

Only 21 defendants had addressed the court for their bail applications by then.

Three other defendants - Roy Tam Hoi-pong, 40, Mike Lam King-nam, 32, and "Long Hair" Leung Kwok-hung, 64 - were sent to hospital after being escorted to their cells in Lai Chi Kok yesterday morning. The four were absent when the hearing resumed at noon.

Lam was discharged from the hospital in the afternoon and was able to attend the afternoon session yesterday. But he was admitted again last night after feeling difficulties in breathing.

The 47 allegedly advocated or participated in a scheme to abuse their powers as lawmakers if elected so as to seriously interfere, disrupt or undermine performance of duties and functions in accordance with the law by the body of power of the SAR.

The prosecution said the scheme involved obtaining a controlling majority in Legco to indiscriminately refuse to pass any budget or public expenditure introduced by the government.

Separately, one of the defendants, Winnie Yu Wai-ming, 33, a nurse and chairwoman of the Hospital Authority Employees Alliance, was suspended from her duties on Monday after being prosecuted.

It is understood that her contract is expected to not be renewed when it expires in September, after which she will have to step down as union chairwoman.

michael.shum@singtaonewscorp.com