On Friday, pro-democracy campaigner and media tycoon Jimmy Lai of Hong Kong suffered a profound legal blow. On October 8, a Hong Kong court convicted him of conspiracy with foreign elements under the national security law (NSL). Judge Esther Toh issued a historic ruling. This fateful decision will affect Lai’s freedom, but the fate of judicial independence in Hong Kong.
The court held Lai guilty on three counts of publishing seditious publications. This ruling is a result of his editorial work with the now-defunct Apple Daily newspaper, charged under a colonial-era law for “sedition.” As a result of these convictions, Lai could be subjected to a life sentence. The court scheduled sentencing for early 2024. The now high-profile case has attracted the world’s media spotlight. Lai, a UK national since a 2019 handover deal, is one of the Chinese government’s most visible and vociferous opponents.
Lai’s personal journey as a democracy activist started decades ago. The latter was triggered by the violent crackdown on pro-democracy demonstrations in Beijing’s Tiananmen Square in 1989. In the aftermath of that tragedy, indeed shortly after the slaughter began, he began writing columns denouncing the slaughter. He went on to start a chain of successful pro-democracy newspapers. These were Apple Daily and Next, whose goal was to bring international attention and press foreign governments to impose sanctions against Hong Kong and China.
In 2019, Lai catapulted himself into international headlines by becoming a central figure of the multitudes of pro-democracy protests that engulfed Hong Kong. His advocacy frequently involved high-level meetings with foreign dignitaries, most famously even with the US Secretary of State Mike Pompeo. Lai has repeatedly denied all charges against him. He claims that he has “never” used his foreign contacts to influence U.S. foreign policy on Hong Kong.
In response to the verdict, Lai called for international support to remain steadfast with Hong Kongers in their fight for democracy.
“I would just relay to him what happened in Hong Kong when he asked me,” – Jimmy Lai
As the courtroom’s verdict was announced, Lai’s wife Teresa and one of his sons stood alongside him. They were accompanied by Cardinal Joseph Zen, the family’s close friend for many years. Their presence highlighted the human stakes at play in this closely-watched trial.
Most regard the trial as a major litmus test of the independence of Hong Kong’s judiciary. Human rights advocates say the National Security Law, passed in 2020, is a tool to destroy civil liberties. Judge Toh stated that Lai’s actions constituted a “constant invitation to the US to help bring down the government of the PRC with the excuse of helping the people of Hong Kong.”
Along with the editorial itself, former journalists of Apple Daily have since raised their voice over the dismaying situation and expressed hopes for better results in this dark environment.
“We all feel frustrated and powerless. Yet, there must be an ending to the whole issue and time comes when it comes,” – Former Apple Daily journalist
Lai put up a vigorous stand in his own support. He countered that Apple Daily’s values are a genuine representation of the beliefs of the overall Hong Kong community.
“The core values of Apple Daily are actually the core values of the people of Hong Kong,” – Jimmy Lai
Lai’s convictions come amid ongoing scrutiny from international communities and calls for action against what many see as an erosion of freedoms in Hong Kong. The UK government has repeatedly criticized the NSL. They are demanding that it be repealed and for the prosecution of motorists under this highly controversial law to stop.
“The UK has repeatedly called for the National Security Law to be repealed and for an end to the prosecution of all individuals charged under it,” – Foreign, Commonwealth & Development Office
As Lai awaits sentencing, the debate over his trial continues to heat up. These debates are illustrative of the new fault lines in Hong Kong’s pro-democracy movements and Beijing’s tightening grip over the region. Observers are specially attuned to the implications this case will have on the growing chilling effect on activism and freedom of expression within Hong Kong.