Indicted on charges of supporting the Hong Kong pro-democracy movement
Hong Kong court: collusion with foreign forces and seditious publications ‘guilty’
Sentence to be decided after January next year… prospects include life imprisonment
Amnesty: “a harbinger of the end of Hong Kong press freedom”
Jimmy Lai. Photographed on December 15, 2015. /AFP Yonhap News
A Hong Kong court delivered a guilty verdict, finding that Jimmy Lai (78), during his time as owner of Apple Daily, conspired with foreign forces with the aim of bringing about the downfall of the Chinese Communist Party and published seditious materials. Sentencing will take place after next month, and there are forecasts that even life imprisonment is possible.
On the 15th, the West Kowloon Court held a hearing to deliver the verdict and found him guilty on two counts under the national security law and one count of conspiracy to publish seditious publications.
Presiding Judge Esther Toh stated, “Based on the totality of the evidence, regardless of whether the national security law was in effect, Lai had as his sole objective the downfall of the Chinese Communist Party, and he intended to carry out the conspiracy even if that would ultimately sacrifice Hong Kong interests.”
Lai, founder of the fashion company Giordano and the owner of the now-closed daily Apple Daily, was indicted on charges of supporting the Hong Kong pro-democracy movement. His charges are publishing seditious publications under a law from the British colonial period and collusion with foreign forces under the national security law introduced in July 2020.
The Hong Kong prosecution argued that Lai and six senior Apple Daily executives, through their media business, “encouraged opposition to the government and colluded with foreign countries,” and took issue with articles critical of the government and with Lai meeting senior United States officials.
Toh, in the 855-page judgment, said there is no doubt that Lai harbored “hatred and resentment toward China“ and that “the evidence clearly shows he conspired with others, including Apple Daily staff, to undermine national security.”
Toh said that the secretary to Lai, Mark Simon, helped arrange meetings in June 2019 with then US House Speaker Nancy Pelosi and US President Donald Trump, and assisted lobbying for the United States to impose sanctions on China and Hong Kong. She added that there was evidence Simon had influence in US political and business circles.
Toh said that when Lai applied in June 2020 for bail to leave Hong Kong, he did not disclose that his purpose was to meet US officials, and she cited as evidence that, prior to applying for bail, he contributed an opinion piece to the New York Times arguing that it was time for the United States to sanction China.
Lai is the first to be charged with collusion with foreign forces under the national security law. Collusion with foreign forces is treated as particularly serious under the law. If convicted, life imprisonment is possible. In the Hong Kong judicial system, guilt or innocence is decided first and the sentence is considered afterward. The next hearing to decide the sentence will be held on January 12. An appeal is also possible.
In December 2020, Lai was sentenced to five years and nine months in prison on fraud charges related to the lease of Apple Daily headquarters and has been under investigation. The national security law trial began in November 2023, but the first hearing was repeatedly postponed due to a deterioration in the health of Lai, and the first session opened last November. Unable to withstand pressure from the Hong Kong authorities, Apple Daily ceased publication in June 2021.
Amnesty International called the guilty verdict on Lai “deeply disappointing” and ”this is like a signal flare announcing the end of press freedom in Hong Kong . The essential role of the press has been branded a crime“.