Three activists out of the 47 democracy advocates charged under the national security law were released on bail on Saturday by Hong Kong’s High Court, with two ex-lawmakers remanded in custody.

This brought the number of defendants released after being taken into custody on Feb. 28 to eight.

Judge Esther Toh upheld the lower court’s decision to release district councilors Tat Cheng, Michael Pang, and Ricky Or, while denying bail to former opposition lawmakers Jeremy Tam and Kwok Ka-ki. The court ruled on the prosecution’s appeal to the lower court’s decision that had initially granted bail to the five defendants.

Pang’s bail was set at HK$100,000 (US$12,900), plus a HK$300,000 (US$38,600) surety. Previously, he was only required to pay a surety of HK$100,000.

The bail conditions for the three include handing over their passports and travel documents, observing a curfew and reporting to the police four times a week.

They are banned from making any remarks that are considered endangering national security, and also organizing or participating in any elections. The trio also cannot directly or indirectly contact any foreign diplomats or lawmakers.

Pang’s fiance breathed a sigh of relief when hearing the ruling. Pang’s brother Jordan, who is also a district councilor, said he immediately called his parents to break the news.

“We didn’t think so much about it in the beginning, we just prepared for the worst,” Pang told reporters outside the court.

Prosecutors are charging the 47 pro-democracy activists and politicians for subverting state power after participating in an unofficial primary election among the opposition camp last summer.

The next hearing for the 47 defendants is slated for May 31.

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