Bail Hearings for 47 "a Farce of Procedural Fairness"

Leung Kwok-hung flashes a V-sign before bail hearing

 

After a marathon four days of hearing bail applications from the 47 people charged with subversion under the national security law, 15 were granted bail -- but the Department of Justice immediately lodged an appeal, which means those people still remain in custody.

These last few days have given Hongkongers an idea of what could happen to them if they are arrested for violating the national security law. Chief Magistrate Victor So Wai-tak thought he would get through all 47 applications in one day -- it ended just before 3am the first day after defendant and district councillor Clarisse Yeung Suet-ying fainted in the dock and had to be sent to hospital. Three other defendants also felt unwell and sought medical attention too.

Chief Magistrate Victor So

The others were all taken back to their cells and only a few hours later returned the court, hardly having eaten, barely slept or even taken a shower. One defendant, barrister Lawrence Lau Wai-chung apologized to Chief Magistrate So for his shabby appearance because he had no time to shower or change his clothes for three days.

Only then did So decide that the hearings would end at 10pm to allow the defendants time to eat and clean themselves.

All this and not all family members and friends could see their loved ones in the dock, nor give them the clothes and other supplies they needed in prison; members of the media did not have full access to witness the proceedings in the court either and could only watch via a video link. 

The prosecutors have also asked for a three month extension to complete their investigations, which means these 47 could be remanded in custody for a year before they are brought to trial. One legal expert, the esteemed Jerome Cohen, is calling this "a farce of procedural fairness". 

Some of the defendants dismissed their lawyers in a bid to plead their case in their own words.

Tam told the court of his humble upbringing

One was ex-lawmaker Jeremy Tam Man-ho who was a former Cathay Pacific pilot and his story made several reporters cry as they took notes. 

He told the court his family was poor and lived in a wooden hut, but it burnt down and they moved to a squatter area. Tam grew up without any toys and he and his parents shared one packet of instant noodles. His father worked as a taxi driver to provide for his family and was finally able to save up enough to send Tam to Australia to study to become a commercial pilot.

However, his father was diagnosed with colon cancer and the treatment cost HK$30,000 a month. Luckily Tam's pilot salary could pay for it, but what about other people in the same predicament? It was then that Tam decided to help other people in Hong Kong by becoming a politician.

"Judge, if you grant me bail, I am willing to do it at all costs. I will agree to all the terms you say. As you wish, I can even take the stars for you. I only want to hug my kids, my wife, and apologize to them 10,000 times," he said.

Supporters waited outside the court in the rain

Tam's story is an amazing Lion Rock story, literally from rags-to-riches to trying to better the society, only to be arrested under the national security law for trying to gain more representation in the Legislative Council which was legal under the Basic Law.

Now Hongkongers are being shown that this is completely wrong and illegal, and this is what will happen to you if you even attempt to change the system.

Speaking of which, the National People's Congress right now is looking to amend Hong Kong's electoral system to ensure "patriots" rule the city.

It will be next to impossible to have any kind of meaningful opposition, elected representatives who represent the views of the people.

And at the same time the Heritage Foundation has taken Hong Kong off the top of the list for having the freest economy in the world -- a standing it held for 25 years until last year -- and put it and Macau together under China down at 107th place, above Uganda, among economies that are deemed "mostly unfree". Hong Kong's index score was described as "not available".

Chan blasted HK's ratings drop by US think tank

The right-wing think tank said "developments in recent years have demonstrated unambiguously that those policies are ultimately controlled by Beijing".

Financial Secretary Paul Chan Mo-po struck back, saying: "When they arrived at that decision, they must have been clouded by their ideological inclination and political bias."

He still insisted the city still enjoyed economic competitiveness with the free flow of capital under "one country, two systems", and that rule of law was still respected.

How can Hong Kong's economy still remain free when its political and judicial institutions are being dismantled daily?