Jimmy Lai Still Has A Chance Of Bail: Scholar

"); jQuery("#212 h3").html("

Related News Programmes

"); jQuery(document).ready(function() { jwplayer.key='EKOtdBrvhiKxeOU807UIF56TaHWapYjKnFiG7ipl3gw='; var playerInstance = jwplayer("jquery_jwplayer_1"); playerInstance.setup({ file: "https://newsstatic.rthk.hk/audios/mfile_1575063_1_20210210180343.mp3", skin: { url: location.href.split('/', 4).join('/') + '/jwplayer/skin/rthk/five.css', name: 'five' }, hlshtml: true, width: "100%", height: 30, wmode: 'transparent', primary: navigator.userAgent.indexOf("Trident")>-1 ? "flash" : "html5", events: { onPlay: function(event) { dcsMultiTrack('DCS.dcsuri', 'https://news.rthk.hk/rthk/en/component/k2/1575063-20210210.mp3', 'WT.ti', ' Audio at newsfeed', 'WT.cg_n', '#rthknews', 'WT.cg_s', 'Multimedia','WT.es','https://news.rthk.hk/rthk/en/component/k2/1575063-20210210.htm', 'DCS.dcsqry', '' ); } } }); }); });

2021-02-10 HKT 09:38

Share this story

facebook

  • Jimmy Lai leaves court for prison after Tuesday's hearing. Photo: Reuters

    Jimmy Lai leaves court for prison after Tuesday's hearing. Photo: Reuters

Simon Young talks to RTHK's Mike Weeks

University of Hong Kong legal scholar Simon Young says media tycoon Jimmy Lai still has a chance of being granted bail while awaiting trial on national security charges, despite a ruling against him by the Court of Final Appeal.

Young, a former director of HKU's Centre for Comparative and Public Law, told RTHK's Hong Kong Today that the top court's ruling on an appeal by prosecutors against a decision to grant Lai bail gave the national security legislation “proportionate and restrictive effect”.

The court on Tuesday ordered Lai's return to prison after ruling that the Court of Appeal "misconstrued" a provision of the law which sets out that judges must not grant bail, unless they are confident that a suspect will not threaten national security.

But the court left the way open for Lai to make a new application for bail, and Young told RTHK's Mike Weeks that he believed a further application stood a good chance of success.

"I think so, simply because, although the lower court had gotten it wrong, primarily by saying that there was no difference between an NSL application for bail and an ordinary application for bail. The Court of Final Appeal corrected that: logically, there is a higher threshold," Young said.

"But, in terms of what evidence you consider, it's the same. It's a question about whether there is a risk that Mr Lai would commit national security offences and having regard to very, very stringent bail conditions.

"So if all of those conditions are in place, the risk could well be minimised and bail could still be granted."

Lai was initially remanded in custody by a magistrate, but was released from detention on bail of HK$10 million on December 23 last year and placed under house arrest.

The Apple Daily founder was also ordered by the High Court not to engage in media interviews or social media postings.

However, the Department of Justice sought leave to appeal against the bail move. The Court of Final Appeal granted leave for the appeal application on December 31 last year, and ordered Lai's return to prison pending the hearing.

RECENT NEWS

Ant International And Bank Of China Partner To Enhance Cross-Border Payment Connectivity

Ant International and Bank of China (Hong Kong) (“BOCHK”) announced a partnership which leverages BOCHK’s banking... Read more

BitGo Korea Gets Green Light For Virtual Asset Custody, Backed By SK Telecom

BitGo Holdings, Inc. (BitGo) announced that its subsidiary, BitGo Korea, Inc. (BitGo Korea), received its Virtual Asset... Read more

Webinar: When Account Takeover Moves Past Onboarding

Account takeover shows why fraud risk cannot be treated as an onboarding problem. Fraudsters are using stolen credentia... Read more

JCB To Trial Stablecoin Payments In Japan With Digital Garage And Lawson

JCB Co., Ltd. (JCB), Digital Garage, Inc. (Digital Garage), and Lawson, Inc. (Lawson) announced that they have jointly ... Read more

Bonnie Chan To Lead HKEX Until Feb 2030 After Securing Second Term

The HKEX Board of Directors has approved the renewal of the employment contract of Hong Kong Exchanges and Clearing Lim... Read more

Ripple Signs Its First Korean Regional Bank In Cross-Border Remittance Deal

Ripple, a blockchain-based enterprise solutions provider for traditional and digital finance, announced a partnership w... Read more