Hong Kong media mogul Jimmy Lai faces sentencing in landmark national security case

By KANIS LEUNG
Associated Press

HONG KONG (AP) — Jimmy Lai, the former Hong Kong media tycoon and fierce critic of Beijing, is set to be sentenced Monday in one of the most prominent cases brought under a China-imposed national security law that has virtually silenced the city’s dissent.

Three government-vetted judges in December convicted Lai, 78, of conspiring with others to collude with foreign forces to endanger national security and conspiracy to publish seditious articles. Lai, who pleaded not guilty to all charges, faces a maximum sentence of life imprisonment under Hong Kong’s security law that Beijing deemed necessary for the stability of the Chinese special administrative region.

The democracy advocate’s arrest and trial have raised concerns about the decline of press freedom in what was once an Asian bastion of media independence. The government insists the case has nothing to do with a free press, saying the defendants used news reporting as a pretext for years to commit acts that harmed China and Hong Kong.

Lai’s sentencing could heighten Beijing’s diplomatic tensions with foreign governments. His conviction has drawn criticism from the U.S. and the U.K.

U.S. President Donald Trump said he felt “so badly” after the verdict and noted he spoke to Chinese leader Xi Jinping about Lai and “asked to consider his release.” British Prime Minister Keir Starmer’s government also has called for the release of Lai, who is a British citizen.

Lai’s daughter, Claire, told The Associated Press that she hopes the regime sees the wisdom in releasing her father, a Roman Catholic. She said their faith rests in God. “We will never stop fighting until he is free,” she said.

Judges ruled Lai was the mastermind

Lai founded Apple Daily, a now-defunct newspaper known for its critical reports against the governments in Hong Kong and Beijing. He was arrested in August 2020 under the security law that was used in a yearslong crackdown on many of Hong Kong’s leading activists.

During his 156-day trial, prosecutors accused him of conspiring with six former Apple Daily staffers, two activists and others to request foreign forces to impose sanctions or blockades or engage in other hostile activities against Hong Kong or China. Lai testified for 52 days in his own defense, arguing he had not called for foreign sanctions after the law’s introduction.

In December, the judges ruled Lai was the mastermind of the conspiracies and never wavered in his intention to destabilize the ruling Chinese Communist Party. They took issue with what they called his “constant invitation” to the United States to bring down the Chinese government with the excuse of helping Hong Kongers.

Urania Chiu, lecturer in law at Oxford Brookes University, said the case is significant for its broad construction of seditious intent and application of the term “collusion with foreign forces” to certain activities by the media. The implication is particularly alarming for journalists and those working in academia, she said.

“Offering and publishing legitimate critiques of the state, which often involves engagement with international platforms and audiences, may now easily be construed as ‘collusion,’” Chiu said.

Lai is serving a nearly six-year jail term over fraud allegations in a separate case and has been in custody for more than five years. In January, lawyer Robert Pang said Lai suffered health issues including heart palpitations, high blood pressure and diabetes. Although Lai’s condition was not life-threatening, Pang argued his client’s health, age and solitary confinement, which the prosecution said Lai requested, would make his sentence “more burdensome.”

The prosecution said a medical report noted Lai’s general health condition remained stable. Hong Kong’s government had said no abnormalities were found in a subsequent medical exam following his complaint of heart problems.

Co-defendants may get reduced sentences

The former Apple Dailly staffers and activists involved in Lai’s case entered guilty pleas, which could help reduce their sentences to be handed down Monday. Under the security law, reporting on offenses committed by others may result in reduced penalties and some of the staff members served as prosecution witnesses.

The convicted journalists are publisher Cheung Kim-hung, associate publisher Chan Pui-man, editor-in-chief Ryan Law, executive editor-in-chief Lam Man-chung, executive editor-in-chief responsible for English news Fung Wai-kong and editorial writer Yeung Ching-kee.

The two activists convicted in the case, Andy Li and Chan Tsz-wah, also testified for the prosecution.

Before sunrise, dozens of people were in line outside the court building to secure a seat in the courtroom, with some arriving on Thursday.

Former Apple Daily employee Tammy Cheung said she could only support them spiritually by seeing them. Cheung hopes the defendants will be released from prison soon, saying it would be great if they could reunite with their families before the Lunar New Year next week.

“Whatever happens, it’s an end — at least we’ll know the outcome,” she said.

Case considered a blow to Hong Kong media

Lai founded Apple Daily in 1995, two years before Hong Kong returned to Chinese rule after 156 years as a British colony. The publication drew a strong following with reports that were occasionally sensational, investigative scoops and short, animated video reports. Articles supporting the city’s democracy movement, including anti-government protests that rocked the city in 2019, attracted many pro-democracy readers.

Lai was one of the first prominent figures to be arrested under the security law in 2020. Within a year, some of Apple Daily’s senior journalists also were arrested. Police raids, prosecutions and a freeze of its assets forced the newspaper’s closure in June 2021. The final edition sold a million copies.

In 2022, Hong Kong plunged 68 places to 148th out of 180 territories in the press-freedom index compiled by media freedom organization Reporters Without Borders. The city’s latest ranking was 140th, far from 18th place in 2002.