By Jerome A. Cohen
Only 15 out of 47 Hong Kong opposition figures were granted bail after a marathon hearing lasting four days. As one protester observed, this decision could be characterized as “sheer political calculation,” something for everybody. Bail for roughly one-third of this extraordinary pack – throwing a bone to the democracy campaigners – and denial for roughly two-thirds, which should keep the Beijing forces from running amok against the courts.
But what was the basis for the judge’s decisions? Why did some defendants win bail, but most did not? Will the public ever know? Why has it been denied this critical knowledge? The judge’s explanation of why he rejected defendants’ request to suspend the usual prohibition against media reporting is ludicrous. He told the defendants he was rejecting their request in order to safeguard the defendants’ interests! How thoughtful! I wonder why the defendants’ able lawyers did not think of this before making their request!!
This SCMP report is faulty in failing to state that the usual prohibition is permitted to be suspended whenever the court believes that it is in the interests of public justice to do so. This is what Judge Anthea Pang decided in the most recent Jimmy Lai bail case. Why did Chief Magistrate So not make the same decision in a case that involves not merely one person but 47? Again, the public is not allowed to know how he differentiated all these cases from Lai’s.
There are many things still unknown about this weird prosecution. For example, we know the government appealed the granting of bail. Did none of those denied bail appeal? If not, why not? Apparently some 25 have appealed.
In the meantime, the bail appeals will now be heard in the next day or two. Will the public also be denied knowledge of the reasons for the outcome?
What a great charade this is for the government! In the name of protecting the rule of law it prosecutes a huge number of democratic politicians for exercising the political rights that the Basic Law system prescribed for conducting LegCo affairs and free elections. Eventually, if the courts have any backbone left, the government may lose its case. But in the interim the government can inflict horrendous punishment on these democratic politicians, silencing even those who may be allowed to remain on bail for the next three months while the government completes its investigation before trial and probably for the years required for completing the judicial process.
Neither these unfortunate 47 nor Jimmy Lai will be able to protest this week’s NPC transformation of Hong Kong’s electoral system. And have we heard from Martin Lee, Margaret Ng and the many other lawyers and democrats who would normally be playing an active role in opposing this oppression? What bail restrictions are they suffering?