Apple Daily publisher, chief editor denied bail over alleged foreign collusion
Hong Kong court denied bail to Next Digital CEO Cheung Kim-hung and Apple Daily editor-in-chief Ryan Law, who are charged with foreign collusion under the national security law, on Saturday. The case was adjourned until Aug. 13.
Police pressed charges against the duo and three Next Digital companies at West Kowloon Magistrates’ Courts for violating Article 29 of the national security law — “collusion with a foreign country or with external elements to endanger national security.”
A designated national security judge, Victor So, ruled that there are not sufficient grounds to believe the defendants would not continue to commit acts that endanger national security law.
They are the first journalists to be prosecuted under the national security law, sparking widespread alarm about the decline of press freedom in Hong Kong.
The hearing was adjourned for an hour to allow the defense lawyers to take instructions. Senior legal counsel Derek Chan, who represented Cheung, noted that the defense had received the allegation and other papers only shortly before the trial began.
Judge So also refused to lift reporting restrictions on the bail hearing, noting that it would be unfair to the defendants.
As part of the bail conditions, Cheung was willing to offer HK$3 million (US$386,409) in cash and report to the police station three times a week. He is also quitting all his roles at Next Digital, including as CEO, and would not directly or indirectly handle any work of the company, except for the transition. In addition, he would not contact foreign diplomats or politicians, accept any interview, or make any public speech on any platform, including social media. He also would not participate in the operation of any media outlet.
While Law was willing to offer HK$100,000 to HK$200,000 in cash and remain at home at all times. He has already notified the company of his resignation from the board and his post as editor-in-chief.
Outside the court, dozens of supporters, including current and former staff of Next Digital, queued to observe the trial since early morning.
“This will kill Hong Kong,” said Edward Chin, a financial columnist. The Basic Law protects the expression of opinions across the political spectrum and citizens should be free to read any newspaper. But the authorities no longer tolerate voices of dissent, he added.
The crackdown on Apple Daily could undermine “one country, two systems,” and prompt more foreign investors to pull out, Chin said.
Raphael Wong, Tsang Kin-shing and Chan Po-ying of the League of Social Democrats displayed a protest banner and called for the release of all political prisoners. “What makes pursuing the truth a crime?” they shouted.
A citizen surnamed Lo said he purchased over 100 copies of the paper on Friday. “To support Apple Daily is to support myself,” he said.
Three other Apple Daily staff, who were also arrested from their homes on Thursday, were released on bail on Friday night. “I am disheartened that two of my coworkers have not been released yet and are charged under the national security law,” said associate publisher Chan Pui-man, who attended the hearing on Saturday in a show of support.
To her colleagues, who put out a paper despite a police raid of the newsroom, Chan said: “I’m proud of them. Thank you for their hard work.”
Hundreds of police officers conducted a search operation at the Apple Daily headquarters on Thursday. Authorities accused the outlet of publishing articles that allegedly called for sanctions on the Chinese and Hong Kong governments, and invoked the national security law to freeze HK$18 million (US$2.32 million) of assets under Next Digital companies.
Founder Jimmy Lai is serving 20 months in prison for protest-related offences and faces charges of foreign collusion.
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