FILE – Democracy advocate Jimmy Lai leaves the Hong Kong’s Court of Final Appeal in Hong Kong on Feb. 9, 2021. (AP Photo/Kin Cheung, File) (Image: Copyright 2021 The Associated Press. All rights reserved)
Jimmy Lai, the former Hong Kong media mogul and outspoken critic of Beijing, was sentenced on Monday to serve 20-years in prison in one of the highest-profile cases prosecuted under a China-imposed national security law that has effectively stifled dissent in the city.
In December, three government-appointed judges found Lai, 78, guilty of conspiring with others to collude with foreign forces to endanger national security and conspiracy to publish seditious articles. Lai, who denied all charges, faced a maximum sentence of life imprisonment under Hong Kong’s security law, which Beijing insisted was essential for maintaining stability in the Chinese special administrative region.
AP reported Lai as smiling and waving at supporters in the courtroom, while his wife was accompanied by Hong Kong’s outspoken Roman Catholic Cardinal Jospeh Zen.
The democracy campaigner’s arrest and trial have sparked concerns about the erosion of press freedom in what was formerly an Asian stronghold of media independence. The government maintains the case is unrelated to press freedom, arguing that the defendants exploited news reporting as a cover for years to carry out acts that damaged China and Hong Kong.
‘We will never stop fighting’
Lai’s sentencing could intensify Beijing’s diplomatic tensions with foreign governments. His conviction has attracted criticism from the U.S. and the U.K.
U.S. President Donald Trump said he felt “so badly” after the verdict and noted he spoke to Chinese leader Xi Jinping about Lai and “asked to consider his release.”
British Prime Minister Keir Starmer‘s government has also called for the release of Lai, who holds British citizenship. Lai’s daughter, Claire, expressed to The Associated Press her hope that the regime will see the wisdom in releasing her father, a devout Roman Catholic.
She affirmed their faith is firmly placed in God. “We will never stop fighting until he is free,” she declared.
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Critic punished for doing his job
Lai is the founder of Apple Daily, a now-defunct newspaper renowned for its critical coverage of the governments in Hong Kong and Beijing. He was apprehended in August 2020 under the security law, which has been utilised in a prolonged crackdown on many of Hong Kong’s prominent activists.
Throughout his 156-day trial, prosecutors alleged that he conspired with six former Apple Daily employees, two activists and others to solicit foreign forces to impose sanctions or blockades or engage in other hostile activities against Hong Kong or China. Lai defended himself for 52 days during the trial, maintaining that he had not advocated for foreign sanctions following the introduction of the law.
In December, the judges concluded that Lai was the orchestrator of the conspiracies and remained unwavering in his intent to destabilise the ruling Chinese Communist Party. They took exception to what they termed his “constant invitation” to the United States to topple the Chinese government under the guise of aiding Hong Kongers.
Urania Chiu, a law lecturer at Oxford Brookes University, stated that the case is notable for its wide interpretation of seditious intent and the application of the term “collusion with foreign forces” to certain media activities. The implications are particularly concerning for journalists and those in academia, she noted.
“Offering and publishing legitimate critiques of the state, which often involves engagement with international platforms and audiences, may now easily be construed as ‘collusion,'” Chiu said.
Lai is currently serving a nearly six-year prison sentence over fraud allegations in a separate case and has been in custody for more than five years. In January, lawyer Robert Pang reported that Lai was suffering from health issues including heart palpitations, high blood pressure and diabetes.
Although Lai’s condition was not life-threatening, Pang argued that his client’s health, age and solitary confinement, which the prosecution claimed Lai requested, would make his sentence “more burdensome.”
Lai is the founder of Apple Daily, a now-defunct newspaper renowned for its critical coverage of China (Image: Copyright 2023 The Associated Press. All rights reserved)
Former colleagues’ agonising choice
The prosecution stated that a medical report indicated Lai’s general health condition remained stable. The Hong Kong government had previously stated that no abnormalities were found in a subsequent medical exam following his complaint of heart problems.
The former Apple Daily staff and activists implicated in Lai’s case pleaded guilty, a move that could potentially lessen their sentences due to be delivered on Monday. Under the security law, reporting on others’ offences may result in reduced penalties, and some of the staff members served as prosecution witnesses.
The convicted journalists include publisher Cheung Kim-hung, associate publisher Chan Pui-man, editor-in-chief Ryan Law, executive editor-in-chief Lam Man-chung, executive editor-in-chief responsible for English news Fung Wai-kong, and editorial writer Yeung Ching-kee.
The two activists found guilty in the case, Andy Li and Chan Tsz-wah, also testified for the prosecution.
Before dawn, dozens of individuals queued outside the court building to secure a place in the courtroom, with some arriving as early as Thursday.
Former Apple Daily employee Tammy Cheung expressed her spiritual support for them by being present. Cheung hopes the defendants will soon be released from prison, suggesting it would be wonderful if they could reunite with their families before the Lunar New Year next week.
“Whatever happens, it’s an end – at least we’ll know the outcome,” she said.
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What to know about Jimmy Lai
Lai established Apple Daily in 1995, two years before Hong Kong’s handover to Chinese sovereignty following 156 years under British colonial administration. The publication cultivated a devoted readership through occasionally sensationalist reporting, investigative exclusives and brief, animated video content.
Coverage championing the city’s pro-democracy movement, including the anti-government demonstrations that engulfed Hong Kong in 2019, resonated strongly with democracy advocates.
Lai became amongst the first high-profile individuals detained under the security law in 2020. Within twelve months, several of Apple Daily’s senior journalists faced arrest as well.
Police operations, criminal proceedings and the freezing of its financial resources compelled the newspaper’s shutdown in June 2021. Its final edition achieved sales of one million copies.
By 2022, Hong Kong had plummeted 68 positions to 148th amongst 180 territories in the press-freedom rankings published by media freedom organisation Reporters Without Borders. The city’s most recent position stood at 140th, a dramatic decline from 18th place in 2002.