HONG KONG. The national security trial of Hong Kong’s prominent activist publisher, Jimmy Lai, entered its second day on Tuesday, with judges expected to make a ruling by the end of the week on the defense’s motion to dismiss a sedition charge. This charge has been increasingly used to target dissidents.
Jimmy Lai, 76, was arrested in August 2020 during a crackdown on the city’s pro-democracy movement following massive protests in 2019. If convicted under the national security law imposed by Beijing, Lai faces a possible life sentence. He is charged with colluding with foreign forces to endanger national security and conspiring with others to disseminate seditious publications.
Lai’s landmark trial, connected to the now-closed pro-democracy newspaper Apple Daily that he founded, is widely viewed as a test for press freedom and judicial independence in the former British colony. Hong Kong was promised to retain its Western-style civil liberties for 50 years after returning to Chinese rule in 1997.
As Lai entered the courtroom on Tuesday, he smiled and waved to supporters, repeating the gesture from the previous day. He subtly blew a kiss to the public gallery, where a supporter chanted, “Hang in there!”
Before opening statements, the judge heard arguments about whether the prosecution had exceeded the time limit for charging Lai with sedition. The law requires sedition charges to be filed within six months after an alleged offense. Lai’s lawyer, Robert Pang, argued that the charge for the alleged conspiracy, which ran from April 2019 to June 2021, was laid too late. Prosecutor Anthony Chau contended that the time limit should be based on when the alleged conspiracy, involving at least 160 articles, actually ended.
The judges, appointed by the government to oversee the proceedings, stated they would make a decision on Friday. The trial, without a jury, is expected to last about 80 days.
British Minister of State for the Indo-Pacific Anne-Marie Trevelyan said the U.K. would continue to press for consular access to Lai, who holds British citizenship. However, the city’s prison authorities have repeatedly denied this request.
Responding to the UK’s demand for consular access on Tuesday, Chinese Foreign Ministry spokesperson Wang Wenbin insisted that Hong Kong’s law enforcement and judicial authorities had handled the case in accordance with the law.
Lai’s prosecution has drawn criticism from the United States and the U.K. U.S. State Department spokesperson Matthew Miller reiterated calls for Lai’s release on Monday, expressing deep concerns about the deterioration of human rights and fundamental freedoms in Hong Kong. Beijing has dismissed criticisms from Western governments, with Wang stating that the U.S. and the U.K. made irresponsible remarks against international law and the basic norms of international relations.
Hong Kong leader John Lee expressed confidence in the city’s judicial system and the professionalism of its courts. He noted attempts by some, particularly representatives of foreign governments, to exert pressure to influence the court presiding over Lai’s case, stating that such actions violate the spirit of the rule of law.
Gary P Hernal started college at UP Diliman and received his BA in Economics from San Sebastian College, Manila, and Masters in Information Systems Management from Keller Graduate School of Management of DeVry University in Oak Brook, IL. He has 25 years of copy editing and management experience at Thomson West, a subsidiary of Thomson Reuters.
