On Friday (Dec 22), a Hong Kong court dismissed a request from the legal team representing pro-democracy tycoon Jimmy Lai to have a sedition charge against him dropped, marking a pivotal development in a closely monitored national security trial.
The trial, initiated on Monday, centers on Jimmy Lai , facing charges of “collusion” with foreign forces under a national security law imposed by Beijing, carrying the weight of a potential life sentence. Additionally, authorities accuse him of “conspiring to produce seditious publications,” reviving a colonial-era offense considered a lesser charge with a shorter potential jail term upon conviction.
Lai’s legal representatives argued for the dismissal of the sedition charge, asserting that the prosecution started beyond the six-month time limit stipulated by Hong Kong law. Lawyer Robert Pang emphasized that authorities officially charged Lai on Dec 28, 2021, four days after the deadline.
Esther Toh, Susana D’Almada Remedios, and Alex Lee
However, the three government-appointed judges overseeing the trial – Esther Toh, Susana D’Almada Remedios, and Alex Lee – ruled that a time limit did not apply, asserting that the conspiracy constituted “a continuing offense, and therefore the time limitation did not start to run until after the last date of the alleged conspiracy.”
According to the prosecution, Lai and his publication, Apple Daily, published 161 seditious articles between Apr 1, 2019, and Jun 24, 2021, until the newspaper ceased publication following a police raid, asset freeze, and arrests of former staff.
Lai, 76, founder of the now-defunct Apple Daily, a Chinese-language tabloid critical of Beijing and supportive of the 2019 pro-democracy movement in Hong Kong, remains a focal point for gauging the region’s political freedoms and judicial independence.
As the trial unfolds, the city gears up for the implementation of new national security laws in the coming year, known as Article 23, expected to further tighten China’s influence and include counter-espionage legislation affecting foreign institutions.
Lai, a British citizen, has drawn condemnation from the United States, the UK, the European Union, and the United Nations, all advocating for his release. In a heavily guarded Hong Kong court building, armed police presence was notable, while activist Alexandra Wong, also known as “Grandma Wong,” stood as the sole protester expressing support for Lai. Present at the brief hearing were Lai’s family members, media representatives, and a few individuals from foreign consulates. Lai greeted his family with a smile and wave upon entering the courtroom, and his daughter made a “heart” sign with her hands.
