Media Mogul Jimmy Lai Found Guilty in Landmark Hong Kong National Security Case

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Hong Kong’s High Court on Monday found tycoon and pro-democracy campaigner Jimmy Lai guilty of conspiracy to collude with foreign forces in the city’s highest-profile trial under a China-imposed national security law that could see him jailed for life.

The landmark case has drawn international scrutiny of Hong Kong’s judicial independence amid a years-long crackdown on rights and freedoms in the global financial hub after 2019 pro-democracy protests that Beijing saw as a challenge to its rule.

While 78-year-old Lai’s supporters see him as a freedom fighter, Beijing sees him as a mastermind of the protests and a conspirator advocating for United States sanctions against Hong Kong and the mainland.

Chinese authorities have rejected accusations of eroding the city’s rule of law.

“There is no doubt” that Lai “had harboured his resentment and hatred of” China for many of his adult years, Judge Esther Toh told a packed courtroom as the tycoon, wearing a pale green jumper and a grey jacket, sat with his arms folded.

The judges presiding over the case included Alex Lee and Susana D’Almada Remedios.

Lai, the founder of the now-shuttered Apple Daily newspaper and one of the most prominent critics of China’s Communist Party leadership, has already spent five years in jail, facing a slew of litigation under the sweeping security legislation that Beijing enacted in response to the 2019 protests.

A pre-sentencing hearing where Lai can plead for lenience is scheduled for 12 January. His lawyer Steven Kwan said Lai will decide whether to appeal after the sentencing.

Hong Kong leader John Lee and national security police chief Steve Li told reporters on Monday they welcomed the verdict.

Prior to embarking on a routine trip to Beijing, the city’s leader expressed unwavering confidence in the Judiciary, emphasizing its resilience against intimidation and its commitment to maintaining national security.

Lai, who suffers from health issues including diabetes and high blood pressure, was found guilty on two counts of conspiracy to collude with foreign forces and one of conspiracy to publish seditious material. He had pleaded not guilty on all counts.

The verdict bookends a year that marked the essential disappearance of Hong Kong’s democratic opposition under pressure from Beijing. The Democratic Party voted to disband on Sunday.

Outside the court, people overnight formed a queue more than a block long, some with camping gear, seeking to attend the verdict.

Authorities maintained a watchful presence in the vicinity of the building.

The organization pledged to consistently address human rights issues with both the Hong Kong and Chinese governments, engaging in dialogue at the highest levels.

Lai’s trial began in December 2023 in the former British colony that reverted to Chinese rule in 1997, with the verdict seen as a potential fresh diplomatic flashpoint.

Countries including the United States and Britain, as well as rights groups, say the trial is politically motivated and have called for Lai’s immediate release.

US president Donald Trump raised Lai’s case with China’s leader, Xi Jinping, in a meeting in October and has said he would do his utmost to “save” Lai.

The Department of Foreign Affairs and Trade said in a statement that “Australia is deeply concerned by the guilty verdict handed down to Jimmy Lai in Hong Kong today”.

“We have been clear in expressing our strong objections to Hong Kong authorities on the continuing broad application of national security legislation to arrest and pressure pro-democracy figures, opposition groups, media, trade unions and civil society.”

Jimmy Lai faced conviction on charges of conspiring to collude with foreign entities and disseminating seditious content. Source: AAP

Media mogul Jimmy Lai is escorted out of a Correctional Services Department vehicle on his way to the Court of Final Appeal in Hong Kong on 9 February 2021.

Lai was found guilty on two counts of conspiracy to collude with foreign forces and one of conspiracy to publish seditious material. Source: AAP

“We continue to call on China to cease suppression of freedoms of expression, assembly, media and civil society, consistent with Human Rights Committee recommendations, and call for the repeal of the National Security Law in Hong Kong.”

Beh Lih Yi, Asia-Pacific director of the Committee to Protect Journalists, called the verdict a “sham conviction” and “a disgraceful act of persecution.”

“The ruling underscores Hong Kong’s utter contempt for press freedom,” she said. “Jimmy Lai’s only crime is running a newspaper and defending democracy.”

Other groups, such as Amnesty International, and pro-democracy activists who fled the city after the protests fearing prosecution have also condemned the verdict.

The Chinese and Hong Kong governments have said his trial was “fair and just” and that the national security law treats all equally. They have said no freedoms are absolute when it comes to safeguarding national security.

Lai’s family say his health has worsened after more than 1,800 days in solitary confinement, and that he suffers from diabetes, high blood pressure and heart palpitations.

Verdict comes at delicate moment for Hong Kong

His verdict comes as Hong Kong residents have been mourning after a fire last month killed at least 160 people in one of the worst blazes in a residential complex globally in recent years.

Authorities have warned they would crack down on anyone who tried to use the fire to “plunge Hong Kong back into the chaos” of 2019.

After the verdict, China’s national security office in Hong Kong called Lai a “pawn of external anti-China forces” who attempted a “colour revolution” in the city.

“We strongly condemn the political manipulation of Hong Kong by a small number of Western politicians and anti-China media under the guise of ‘human rights’ and ‘freedom’, openly exonerating Jimmy Lai,” it said in a statement.