HONG KONG (AP) — Jimmy Lai, the pro-democracy former media mogul and a staunch critic of Beijing, was convicted on Monday in a landmark national security trial conducted in Hong Kong. The court's decision could potentially lead to a life sentence for the 78-year-old activist, who pleaded not guilty to all charges against him.
The trial was presided over by three judges vetted by the government, who found Lai guilty of conspiring with foreign forces to undermine national security and of conspiracy to publish seditious articles. This conviction comes as part of a broader crackdown on dissent in Hong Kong following the implementation of a national security law imposed by Beijing in 2020, which was a response to widespread anti-government protests in 2019. Lai has experienced significant health deterioration during his five years in custody, appearing frailer and losing weight.
The trial, notable for being conducted without a jury, has drawn international scrutiny from various observers, including the U.S., the U.K., and the European Union, as a key measure of media freedom and judicial independence in Hong Kong, which was handed back to China in 1997. Judge Esther Toh, who read from an 855-page verdict, asserted that Lai had consistently invited foreign intervention to destabilize the Chinese government, masquerading his calls as support for the people of Hong Kong. Lai's legal defense admitted he had called for sanctions before the national security law took effect, but claimed he ceased these calls afterward.
The judges, however, found his intention to undermine the Chinese Communist Party unyielding, albeit expressed in more subtle terms. Toh characterized Lai as the "mastermind" behind various conspiracies, highlighting that his testimony often contradicted itself.
Present in the courtroom were Lai's family members, including his wife and son, as well as Hong Kong's Roman Catholic Cardinal Joseph Zen. As he was led out by guards, Lai exchanged a brief, silent moment of acknowledgment with his family. The verdict is significant not only in terms of Lai's future but also as a litmus test for Beijing's diplomatic relations, with U.S. President Donald Trump and U.K. Prime Minister Keir Starmer expressing concerns and prioritizing pressures for Lai's release, who holds British citizenship.
Lai, the founder of the now-defunct pro-democracy newspaper Apple Daily, is set to be sentenced at a later date. According to Hong Kong's national security law, the collusion charge could result in a sentence ranging from three years to life imprisonment, depending on the character of the offense and Lai's involvement. The sedition charge carries a maximum punishment of two years. A mitigation hearing has been scheduled for January 12, during which Lai and his co-defendants will plead for lighter sentences.
The Apple Daily was known for its criticism of both the Hong Kong government and the Chinese Communist Party before it was forced to shut down in 2021 after police raids and asset freezes. Throughout the 156-day trial, prosecutors accused Lai of collaborating with Apple Daily's executives and others to solicit foreign sanctions and engage in hostile activities against Hong Kong and China. Evidence against him included publications from Apple Daily, along with social media content and text messages.
Health concerns surrounding Lai emerged during the trial; he testified for 52 days in his defense, asserting that he did not call for sanctions post-security law enactment. His health reportedly declined significantly, with his daughter Claire describing him as weaker and losing teeth and nails, suffering from numerous health issues. Though Lai's lawyers claimed he faced severe medical problems, the Hong Kong government maintained that he received adequate medical care.
Prior to the verdict, court attendees displayed concern for Lai's health following reports of his deteriorating condition. Former Apple Daily employee Tammy Cheung expressed relief that the trial was near its conclusion despite feeling that the process was hastily arranged.
Originally set for December 2022, Lai's trial was delayed until December 2023 after the government barred a British lawyer from representing him on national security grounds. In 2022, Lai was sentenced to five years and nine months for separate fraud charges involving the lease of Apple Daily’s headquarters and was previously convicted for offenses related to unauthorized protests during the 2019 demonstrations.
