London Daily

Focus on the big picture.
Wednesday, Oct 22, 2025

Hong Kong's top court denies bail to media tycoon Jimmy Lai

Hong Kong's top court denies bail to media tycoon Jimmy Lai

Hong Kong's top court on Tuesday ordered pro-democracy media tycoon Jimmy Lai to stay behind bars as it sided with prosecutors in the first legal test of Beijing's sweeping new national security law.

The landmark case cements the dramatic changes the security law has begun making to semi-autonomous Hong Kong's common law traditions as Beijing seeks to snuff out dissent in the restless financial hub.

Lai, the 73-year-old owner of pro-democracy tabloid Apple Daily, is one of some 100 activists arrested under the law since it was enacted in June, and the highest-profile figure to be placed in pre-trial custody.

He has been charged with "colluding with foreign forces" -- one of the new security crimes -- for allegedly calling for sanctions against Hong Kong and China.

The security law is the most pronounced shift in Hong Kong's relationship with China since it was handed back by Britain in 1997.

It criminalised a host of political views and toppled the legal firewall between the two territories.

Written in Beijing and imposed by fiat, it allows mainland security agents to operate openly in the city for the first time, and even grants China jurisdiction in some cases.

Tuesday's ruling by the Court of Final Appeal centred around bail.

Presumption of bail for non-violent crimes is a hallmark of Hong Kong's legal system.

But the national security law removes that presumption and says judges have to be sure a defendant "will not continue to commit acts endangering national security".

Lai was detained in December and released on bail for about a week after a lower court granted him HK$10 million (US$1.3 million) bail together with a stringent list of requirements, including house arrest, no interviews and no social media posts.

But he was put back behind bars after the prosecution sought to challenge those bail conditions.

'Stringent threshold'


On Tuesday, a panel of five senior judges ruled in favour of the prosecution and said that the lower court judge had erred in granting Lai bail.

The security law, the judges wrote, "creates such a specific exception to the general rule in favour of the grant of bail and imports a stringent threshold requirement for bail applications".

The judges said Lai could make a fresh bail application in the lower courts which would have to take into account their directions.

Legal analysts were closely watching the case for an indication of whether Hong Kong's judiciary will serve -- or even can serve -- as any kind of constitutional brake against Beijing's security law.

The judiciary can only interpret laws, which are usually passed by Hong Kong's semi-elected legislature.

During challenges to new legislation, judges balance the wording of the law against common law traditions and core liberties that are enshrined in Hong Kong's mini-constitution and its Bill of Rights.

But the national security legislation was penned directly by Beijing and looks set to trump any other legislation in the event of a dispute.

Bail is not the only area where legal precedents are changing under the security law.

On Monday, AFP revealed authorities have opted not to use a jury for the first national security trial, according to a legal source with direct knowledge, citing security concerns for jury members.

Asked about that decision on Tuesday, Hong Kong's leader Carrie Lam replied: "I will not comment on individual cases which are now under the judicial process."

Challenging the security law in court may be tricky.

In Hong Kong's complex constitutional hierarchy, the ultimate arbiter of the laws is Beijing's Standing Committee, which has shown an increased willingness in recent years to wade into legal arguments and make pronouncements.

China's state media have already declared Lai guilty and made clear authorities expect Hong Kong's judges to side with Beijing on national security.

In a tweet, China's state-run Global Times hailed Tuesday's Lai ruling, describing him as a "major secessionist".

Senior Chinese officials have recently backed calls to "reform" Hong Kong's judiciary, something opponents fear signals support for a more mainland-style legal system that answers to the Communist Party and where convictions are all but guaranteed.

Newsletter

Related Articles

0:00
0:00
Close
US Administration Under President Donald Trump Reportedly Lifts Ban on Ukraine’s Use of Storm Shadow Missiles Against Russia
‘Frightening’ First Night in Prison for Sarkozy: Inmates Riot and Shout ‘Little Nicolas’
White House Announces No Imminent Summit Between Trump and Putin
US and Qatar Warn EU of Trade and Energy Risks from Tough Climate Regulation
Apple Challenges EU Digital Markets Act Crackdown in Landmark Court Battle
Nicolas Sarkozy begins five-year prison term at La Santé in Paris
Japan stocks surge to record as Sanae Takaichi becomes Prime Minister
This Is How the 'Heist of the Century' Was Carried Out at the Louvre in Seven Minutes: France Humiliated as Crown with 2,000 Diamonds Vanishes
China Warns UK of ‘Consequences’ After Delay to London Embassy Approval
France’s Wealthy Shift Billions to Luxembourg and Switzerland Amid Tax and Political Turmoil
"Sniper Position": Observation Post Targeting 'Air Force One' Found Before Trump’s Arrival in Florida
Shouting Match at the White House: 'Trump Cursed, Threw Maps, and Told Zelensky – "Putin Will Destroy You"'
Windows’ Own ‘Siri’ Has Arrived: You Can Now Talk to Your Computer
Thailand and Singapore Investigate Cambodian-Based Prince Group as U.S. and U.K. Sanctions Unfold
‘No Kings’ Protests Inflate Numbers — But History Shows Nations Collapse Without Strong Executive Power
Chinese Tech Giants Halt Stablecoin Launches After Beijing’s Regulatory Intervention
Manhattan Jury Holds BNP Paribas Liable for Enabling Sudanese Government Abuses
Trump Orders Immediate Release of Former Congressman George Santos After Commuting Prison Sentence
S&P Downgrades France’s Credit Rating, Citing Soaring Debt and Political Instability
Ofcom Rules BBC’s Gaza Documentary ‘Materially Misleading’ Over Narrator’s Hamas Ties
Diane Keaton’s Cause of Death Revealed as Pneumonia, Family Confirms
Former Lostprophets Frontman Ian Watkins Stabbed to Death in British Prison
"The Tsunami Is Coming, and It’s Massive": The World’s Richest Man Unveils a New AI Vision
Outsider, Heroine, Trailblazer: Diane Keaton Was Always a Little Strange — and Forever One of a Kind
Dramatic Development in the Death of 'Mango' Founder: Billionaire's Son Suspected of Murder
Two Years of Darkness: The Harrowing Testimonies of Israeli Hostages Emerging From Gaza Captivity
EU Moves to Use Frozen Russian Assets to Buy U.S. Weapons for Ukraine
Europe Emerges as the Biggest Casualty in U.S.-China Rare Earth Rivalry
HSBC Confronts Strategic Crossroads as NAB Seeks Only Retail Arm in Australia Exit
U.S. Chamber Sues Trump Over $100,000 H-1B Visa Fee
Shenzhen Expo Spotlights China’s Quantum Step in Semiconductor Self-Reliance
China Accelerates to the Forefront in Global Nuclear Fusion Race
Yachts, Private Jets, and a Picasso Painting: Exposed as 'One of the Largest Frauds in History'
Australia’s Wedgetail Spies Aid NATO Response as Russian MiGs Breach Estonian Airspace
McGowan Urges Chalmers to Cut Spending Over Tax Hike to Close $20 Billion Budget Gap
Victoria Orders Review of Transgender Prison Placement Amid Safety Concerns for Female Inmates
U.S. Treasury Mobilises New $20 Billion Debt Facility to Stabilise Argentina
French Business Leaders Decry Budget as Macron’s Pro-Enterprise Promise Undermined
Trump Claims Modi Pledged India Would End Russian Oil Imports Amid U.S. Tariff Pressure
Surging AI Startup Valuations Fuel Bubble Concerns Among Top Investors
Australian Punter Archie Wilson Tears Up During Nebraska Press Conference, Sparking Conversation on Male Vulnerability
Australia Confirms U.S. Access to Upgraded Submarine Shipyard Under AUKUS Deal
“Firepower” Promised for Ukraine as NATO Ministers Meet — But U.S. Tomahawks Remain Undecided
Brands Confront New Dilemma as Extremists Adopt Fashion Labels
The Sydney Sweeney and Jeans Storm: “The Outcome Surpassed Our Wildest Dreams”
Erika Kirk Delivers Moving Tribute at White House as Trump Awards Charlie Presidential Medal of Freedom
British Food Influencer ‘Big John’ Detained in Australia After Visa Dispute
ScamBodia: The Chinese Fraud Empire Shielded by Cambodia’s Ruling Elite
French PM Suspends Macron’s Pension Reform Until After 2027 in Bid to Stabilize Government
Orange, Bouygues and Free Make €17 Billion Bid for Drahi’s Altice France Telecom Assets
×