Hong Kong court begins hearing final arguments in Jimmy Lai’s trial

People wait to enter the West Kowloon Magistrates’ Courts ahead of the closing statements for Hong Kong activist publisher Jimmy Lai’s trial

A Hong Kong court heard final arguments yesterday in the landmark national security trial of former pro-democracy newspaper founder Jimmy Lai, who could be sentenced to up to life in prison if he is convicted.

Lai, 77, was arrested in 2020 under the national security law following anti-government protests in 2019. He is being tried on charges of colluding with foreign forces to endanger national security and conspiring with others to issue seditious publications.

Lai founded Apple Daily, one of the local media outlets that was most critical of Hong Kong’s government. His high-profile case that has stretched nearly 150 days, almost double the original estimate, is widely seen as a trial of press freedom and a test for judicial independence in the Asian financial hub.

It is unclear when a verdict will be delivered.

Arguments highlight alleged sanction calls

Prosecutor Anthony Chau said yesterday that Lai was arrested for collusion in August 2020, but he continued to make requests for sanctions, a blockade or other hostile activities in the following months.

Chau suggested that the appeals for foreign actions did not only target individuals, but also China, while the foreign collaborations Lai had were long-term and persistent.

A prosecution document shown in court argued that the law doesn’t prohibit normal international exchanges. But how Lai attempted to draw an analogy of what he did to the cooperation between Hong Kong’s prosecuting authority and the International Association of Prosecutors was bewildering.

“It is surprising to see that D1 (Lai) raised freedoms of thought and association as his shield,” it said in the document.

Chau is expected to wrap up his closing statement today.

Earlier in the trial, prosecutors alleged Lai asked foreign countries, especially the United States, to take actions against Beijing “under the guise of fighting for freedom and democracy.”

On the first day of his testimony, Lai denied he had asked then-Vice President Mike Pence and then-Secretary of State Mike Pompeo to take action against Hong Kong and China during the 2019 protests.

When Lai’s lawyer questioned him about an Apple Daily report saying he had asked the U.S. government to sanction Beijing and Hong Kong leaders, he said he must have discussed it with Pompeo, as he had no reason to doubt the accuracy of the report by the now-defunct newspaper he founded.

But Lai said he would not have encouraged foreign sanctions after the national security law was enacted on June 30, 2020.

Lai’s health causes delay

Closing arguments have been delayed twice, first due to the weather then to concerns over Lai’s health. On Friday, his lawyer, Robert Pang, said Lai had experienced heart palpitations while in prison. The judges wanted him to secure a heart monitor and medication first.

After Friday’s hearing, the Hong Kong government alleged foreign media outlets had attempted to mislead the public about Lai’s medical care. It said a medical examination of Lai found no abnormalities and that the medical care he received in custody was adequate.

When Lai entered the courtroom on Monday, he waved and smiled to those sitting in the public gallery and briefly instructed his legal team in a voice audible to public attendees. He closed his eyes for a while in the morning when the prosecution laid out its legal arguments.

The heart monitor was delivered to Lai and he had no complaints about his health, Chau said.

Case draws attention from foreign leaders

Lai’s yearslong detention in solidarity confinement has drawn concerns from foreign governments and rights groups. U.S. President Donald Trump, before being elected to his second term in November, said he would talk to Chinese leader Xi Jinping to seek Lai’s release: “I will get him out.”

In a Fox News radio interview released Aug. 14, Trump denied saying he would save Lai, but rather that he would bring the issue up.

“I’ve already brought it up, and I’m going to do everything I can to save him,” he said.

China has accused Lai of stirring a rise in anti-China sentiments in Hong Kong and said it firmly opposes the interference of other countries in its internal affairs.

Dozens of people waited in the rain yesterday for a seat in the main courtroom to see Lai. Former Apple Daily reader Susan Li said she worried about Lai’s health as he looked visibly thinner and she would continue to pray for him.

“I wanted to let him know we are still here,” she said.

When Hong Kong, a former British colony, returned to China in 1997, Beijing promised to retain the city’s civil liberties for 50 years. But critics say the promise has become threadbare after the introduction of the security law, which Chinese and Hong Kong authorities insist was necessary for the city’s stability. KANIS LEUNG, HONG KONG, MDT/AP