Statements made by Apple Daily founder Jimmy Lai appeared to be comments and criticisms, rather than what prosecutors have alleged as “requests” to foreign countries, a High Court judge said on Tuesday.

In a written verdict explaining his reasons to free Lai on bail last week, High Court judge Alex Lee said that two statements by Lai — one made during the Apple Daily online show “Live Chat with Jimmy Lai” on July 30 and the other during an Aug.18 interview — did not appear to be requests.

“Suffice to say that the statements in question on their face appear to be comments and criticisms rather than requests, albeit one might find those views disagreeable or even offensive,” Lee said.

Other statements made by Lai before the national security law was imposed on Jun. 30 could only be considered as background materials, the judge said.

Lee said it would be premature to have any definitive view in the case, as the investigation is ongoing.

He noted that a series of stringent bail conditions imposed on Lai were sufficient to address the risks of him absconding, or committing acts endangering national security while on bail.

Although Lai is also facing other charges and he once applied for the lifting of travel restrictions from a previous case, Lee said there was no “finding” that Lai had any intention to leave Hong Kong. The judge noted that Lai had complied with every bail condition imposed by the courts so far.

The bail conditions include a HK$10 million (US$1.29 million) cash bail, HK$300,000 in sureties, a ban from leaving Hong Kong and an additional term agreed by Lai that he must stay in his home except for reporting to police three days in a week, and attending court hearings.

Lai has also agreed not to meet any foreign government officials, accept media interviews, publish articles or post on social media during the bail period.

“The above undertaking which is tailor-made to the present case, coupled with [Lai’s] agreement to be confined to his residence during the whole of the bail period, give this court sufficient grounds to believe that the accused will not commit acts endangering national security for the future if bail is granted,” Lee said.

Lai resigned from the position of chairman of Next Digital, which publishes Apple Daily, on Tuesday with immediate effect. Non-executive director Ip Yut-kin has been appointed the new chairman.

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