Thread by @XinqiSu

Given that the reporting restriction is lifted, I will detail the bail application proceeding that spans from ystd to this morning re the case of 5 #HKAlliance ex leaders charged for refusing to submit info demanded by #nationalsecurity police in this #thread.

The most significant point comes first, the play of bail under #NSL has evolved just now from blanket denial to undeniable bail with condition restricting the defendant's speech.

This morning, #NSL magistrate Peter Law granted bail to all 5 defendants in the case despite ...

...lack of applications from D3 Simon Leung and D4 Chan To-wai with the usual bail conditions (cash, surety, reporting requirements, deposit of travel docs etc) and an additional #NSL condition imposed by the prosecution.

Prosecution condition: not to directly or indirectly in traditional media digital media or social platform to commit any act , make any speech or expression which may reasonably be apprehended as violation of offences under the #NSL or may be regarded as constituting any offence

D1 Chow Hang-tung and D3 Simon Leung applied to revoke and surrender their bail respectively because they do not accept the prosecution condition. Chow said she does not want to promise the court something she doe not know how to comply, and if she is made to choose between...

...physical liberty and freedom of expression, she will choose the latter. However, #NSL magistrate Peter Law rejected both applications for revoking/surrendering bail. Law said the defendants' liberty is now left on their own hands.

In ystd's hearing, ADPP Ivan Cheung told the #NSL magistrate Peter Law the only question of considering bail under #NSL is whether or not the defendants will continue to carry out acts that endanger national security and does not engage the time on remand and maximum penalty.

This stance stood out in this particularly case as the five defendants have been on remand for over 2 months since 10 Sep, the prosecution asked for another 2 months from now to "collect evidence" while the max penalty is only 6 months in jail.

ADPP Ivan Cheung's submission ystd also illustrated a perfect closed loop of ciminalization in the prosecution's mind. Cheung said the exhibits police seized in their raids of #HKAlliance premises was "an act of recovery".

Despite the #HKAlliance has entered liquidation process, ADPP Ivan Cheung said the liquidators are "associated with the alliance" and "what the liquidators can be received from the alliance is to be provided by the defendants in the first place".

In her response ystd, Chow Hang-tung pointed to a line she would like to "set the record straight" in the prosecution's submission, which says "it’s indisputable that alliance oppose and is hostile to PRC and SAR governments and has committed acts endangering national security”.

Chow said she assumed the prosecution knew presumption of innocence and questioned why the prosecution would put in their submission to court before trial that "it's indisputable that the alliance...has committed acts endangering national security".

In the past 15+ months since #NSL was imposed on HK, the legal battle has been largely centred around getting bail for the accused. It has been an almost impossible fight given HK's apex court ruled in #JimmyLai's case that NSL presumes no bail and ...

... the accused, via their counsels, have to convince the court that they won't commit acts endangering national security. The threshold is so intangible that the persuasion goes as far as voluntarily surrendering one's very basic rights of speech, movement and election.

But today, the game-change is succinctly and absurdly summarised by what #NSL magistrate Peter Law told the defendants who refused to trade their freedom of expression for physical liberty:

"l leave your liberty at your own hand. you can choose not to sign out."