A Hong Kong court on Thursday night granted bail to 15 out of the 47 pro-democracy figures charged with subversion under the national security law, prompting government prosecutors to file an appeal immediately.

Those who secured bail were Cheng Tat-hung, Clarisse Yeung, Michael Pang, Kalvin Ho, Lawrence Lau, Helena Wong, Jeremy Tam, Sze Tak-loy, Sam Cheung, Ng Kin-wai, Kwok Ka-ki, Hendrick Lui, Lam King-nam, Ricky Or and Shun Lee.

They were returned to their detention cells on the same night along with the rest of the defendants, because the Department of Justice appealed against the bail decisions on the spot.

Chief Magistrate Victor So of the West Kowloon Magistrates’ Courts said that under existing laws, he had no choice but to remand the 15 again until the High Court heard the prosecutors’ appeal, which must take place within 48 hours.

The appeal aside, the next court session for all 47 comes round on May 31, as requested by the prosecution so as to have more time to prepare the case.

So made his bail decisions after an unprecedented four days of hearing the applications. Under conditions laid down by the magistrate, the 15 were to have been banned from making remarks or behaving in a way, on any platform, that might constitute a violation of the national security law or other laws. They were to have been barred from contesting political elections, but would have been allowed to vote.

The 15 must not come into contact with foreign officials or lawmakers directly or indirectly. They must not leave Hong Kong and would have had to surrender all travel documents, including the British National (Overseas) passport if applicable, according to the original bail conditions.

They must also observe a curfew between midnight and 7 a.m. Except for Yeung, who would have had to report to the police three days per week, the other 14 must report to the police four days a week.

These conditions are currently not in effect, pending the prosecution’s appeal. In addition, with some of the defendants having withdrawn their bail applications, 24 of the others whose bail attempts are unsuccessful will appear before So again at the West Kowloon courts on March 12 for a review of whether bail should be given. One of those who retracted the application was the first defendant, Benny Tai, who gave up after he was remanded for a separate case.

As the court hearing ended, some of the defendants chanted slogans such as “Hongkongers would not die,” “no crime for political prisoners,” “five demands, not one less.” Their family members broke down in tears.

Most of the 47 have been locked up since Sunday, after national security police initiated prosecution for conspiring to subvert state power. Three of the defendants, Joshua Wong, Tam Tak-chi and Wu Chi-wai, were already in jail or detention on other charges prior to the latest proceedings.

So reminded the prosecution to prepare well so that the next hearing would be conducted smoothly. If the prosecutors could not do so, they must submit a written report to explain the investigation that had been done, he said.

The magistrate also refused a motion raised by defense lawyers to lift judicial restrictions on media coverage. Under section 9P of the Criminal Procedure Ordinance, details of the four-day bail negotiations cannot be reported, except for the defendants’ names, charges and, if bail is granted, the conditions they must observe.

The 47 pro-democracy politicians and activists are accused of a plot to cripple the Hong Kong government by organizing or participating in an unofficial primary last summer in preparation for the Legislative Council election. Their case marks the largest batch of prosecutions under Beijing’s national security law for Hong Kong. Subversion carries a maximum life sentence.

Outside court, “Long Hair” Leung Kwok-hung’s wife Vanessa Chan said the hearing showed the bail system was “completely twisted.”

It was unreasonable and unproportional for prosecutors to ask for three months of detention, up to the next session on May 31, as they had provided inadequate evidence.

Chan was not optimistic about the future hearings as the magistrate did not grant bail to some who had agreed to accept harsh restrictions, such as giving up their freedom of expression.

Nicole Yu, the wife of district councilor Lester Shum, said she did not find the result surprising but was still saddened. It was “very harsh and unreasonable” for the Department of Justice to object to bail for the 15, she said.

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