The Court of Final Appeal must protect presumption of bail in Jimmy Lai's trial

On 1 February 2020, Jimmy Lai’s hearing before the Court of Final Appeal began.

Lai, 73, who owns the pro-democracy tabloid Apple Daily, is one of more than 100 democracy supporters arrested under the new law since it was enacted in June. He is the highest profile figure to be incarcerated on pretrial charges.

The law includes no presumption of bail, despite this principle being protected in the Hong Kong Bill of Rights.

Lai’s hearing before the Court of Final Appeal will determine whether this is constitutional. The panel of top judges will now have to balance the wording of Beijing's law against the city's common law traditions, its mini-constitution and its Bill of Rights which supposedly guarantee freedom of speech and a presumption of bail for non-violent crimes.

Johnny Patterson, Policy Director of Hong Kong Watch says:

"The appeal today is of enormous significance. The National Security Law overrides and undermines many of the basic principles that underpin Hong Kong's common law system, including the presumption of bail.

The judgement will set a precedent for how the National Security Law will fit into the city's wider legal framework. The Hong Kong Bill of Rights guarantees presumption of bail. It is vital that this principle is upheld."