Mercury (Hobart)

HK media tycoon to remain in custody

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HONG KONG: Hong Kong’s top court 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 new law has begun making to semiautono­mous Hong Kong’s common law traditions as Beijing seeks to snuff out dissent in the restless financial hub.

Mr Lai (pictured), the 73year-old owner of pro-democracy tabloid Apple Daily, is one of 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.

Tuesday’s ruling by the Court of Final Appeal centred around bail. Presumptio­n of bail for nonviolent 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”.

Mr Lai was detained in December and released on bail for about a week after a lower court granted him HK$10m ($1.6m) bail together with a stringent list of requiremen­ts.

But he was put back behind bars after the prosecutio­n sought to challenge those bail conditions. On Tuesday, a panel of five senior judges ruled in favour of the prosecutio­n and said the lower court judge had erred in granting bail.

As I wrote many months ago, and now that a vaccine is imminent, all Australian­s, all other people on visas and those who chose to travel here must carry a COVID passport. If one – hopefully all – are vaccinated, a card issued by the Australian Government will be stamped and dated and remain with the recipient.

The validated card will permit the holder to travel within Australia where there are no restrictio­ns and enter venues of their choice. No card, no travel or entry. Stewart Edwards

Mount Stuart

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