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Early Bird
Jimmy Lai sentenced for 20 years in Hong Kong: Who, What, and Why

  Femy Francis

NIAS Global Politics Early Bird:
Jimmy Lai sentenced for 20 years in Hong Kong: Who, What, and Why

What happened?
On 09 February, Hong Kong sentenced media tycoon Jimmy Lai to 20 years in jail, on two counts: conspiracy, colluding with foreign agents and publishing seditious materials. Besides Lai, six former senior Apple Daily staffers, an activist and a paralegal were sentenced to jail terms ranging between six and 10 years. The judge said: “In the present case, Lai was no doubt the mastermind of all three conspiracies charged, and therefore he warrants a heavier sentence,” and that “As regards the others, it is difficult to distinguish their relative culpability.” Lai, who is 78 now and a British citizen, has denied all charges and calls himself a political prisoner.

Who is Jimmy Lai, and why was he detained?
Jimmy Lai is a tycoon from Hong Kong who built his business empire through media and retail chains. By 2020, during the time of his arrest, he was worth USD 1.2 billion. He was one of the few billionaires who used his wealth and influence for activism, funding and participating in the pro-democracy movement in Hong Kong. He became a supporter of the democracy movement after the Tiananmen Square incident in Beijing in 1989. He soon established Apple Daily just before the UK handed over its rule of Hong Kong to China. His media outlets became the loud source for the pro-democracy movement, with Lai himself writing columns shaming the Chinese leaders and government.

During the 2019 protest, his paper backed the proposed extradition bill. Apple Daily published a cut-out letter to the now US President Donald Trump calling to help save Hong Kong, which became the key material used against the national security case.  In 2020, weeks after the National Security Law by China was introduced in Hong Kong, Lai’s Apple Daily office was stormed, and he was arrested along with several of Apple Daily’s executives. Two of his eldest sons were also arrested, and the company was forced to close the following year. The closure was yet another blow to the pro-democracy movement in Hong Kong. Lai was advised to take advantage of his UK citizenship and foreign residence and flee the country like many others. He refused, saying that he wanted to support his journalists and keep fighting for Hong Kong, and that he preferred to go to jail than abandon his city. Lai was optimistic but cautious of the judicial system. He said: “They just want to show the teeth of the national security law, but they haven’t bitten yet.” Lai is one of many NSL arrests; there was a mass prosecution of 47 politicians and activists who worked for democracy. Laws were rewritten to limit bail rights and restrict foreign lawyers from defending Lai.

What is the verdict? What is the National Security Law about? 
The High Court of the HKSAR found Lai guilty of “grave criminal conduct” for colluding with external forces and publishing seditious materials. He was found to be the “mastermind and driving force behind these conspiracies,” notes the court. It said: “Disguised as a media man while acting as an agent for external anti-China forces, Lai was the principal mastermind and perpetrator of a series of riots that shook Hong Kong and undermined the fundamental interests of both the country and the HKSAR.” This is the first case where the “conspiracy to collude with foreign forces"” has been used to implement the National Security Law.

The law was first established in 2020, in response to the pro-democracy protests in Hong Kong in 2019. The National Security Law was established in 2020, also when Lai was detained. Criminalises any activity seen as sedition, violating the central government’s authority, use of violence, intimidation and involvement of foreign actors. Under the now revised provision, the mandate of the law has been expanded: China can now try some cases in their homeland, enforce the authority as to how the law will be interpreted, closed doors trials, surveillance and wiretapping allowed, vandalism will be seen as terrorism, those found guilty cannot stand for public office, and it can also be applied to non-permanent resident who are staying in Hong Kong.

What has been the international response?
The UK foreign secretary called this conviction “tantamount to a life sentence.” Australian Foreign Minister Penny Wong expressed concern and called for China to stop the suppression of freedom of expression.

The EU foreign policy department stated that “The EU calls on the Hong Kong authorities to restore confidence in press freedom in Hong Kong, one of the pillars of its historic success as an international financial centre, and to stop prosecuting journalists.” United Nations High Commissioner for Human Rights Volker Turk said: “This verdict needs to be promptly quashed as incompatible with international law.” 

 

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