Hong Kong Court Finds Democracy Advocate Jimmy Lai Guilty of Conspiracy

Jimmy Lai, a prominent pro-democracy activist and founder of a Hong Kong newspaper, has been convicted by the High Court on charges related to endangering China's national security. The widely followed trial concluded with Lai facing a potential life sentence.

The court, comprised of three judges, found the 78-year-old Lai guilty on Monday morning of two counts of conspiring with foreign entities to threaten national security. He was also convicted of one count of conspiring to publish seditious materials. Lai had previously pleaded not guilty to all charges. He has been in detention since December 2020, following his arrest amidst widespread anti-government protests in Hong Kong.

The case is viewed by many as a critical test of Hong Kong’s “one country, two systems” principle. This principle, established after the 1997 handover from British rule, was intended to grant Hong Kong a high degree of autonomy from mainland China, except in defense and foreign affairs. That said, the reality is a bit more complicated. critics argue that Beijing has increasingly eroded this autonomy in recent years, clamping down on dissent.

Judge Esther Toh stated that Lai had repeatedly encouraged the United States to take action against the People’s Republic of China and its ruling Communist Party. Toh, along with Judges Alex Lee and Susana D’Almada Remedios, issued a lengthy verdict describing Lai as the “mastermind” behind a criminal conspiracy.

“There is no doubt that the first defendant had harboured his resentment and hatred of the PRC for many of his adult years,” Toh stated in the courtroom.

Human rights organizations and media advocacy groups have strongly condemned the conviction. Reporters Without Borders described the verdict as a miscarriage of justice. Thibaut Bruttin, the organization's general director, stated that the conviction demonstrates the alarming deterioration of media freedom in Hong Kong. He added that it is press freedom itself that has been shattered by the verdict.

The Committee to Protect Journalists (CPJ) also criticized Lai’s conviction, calling it persecution. Beh Lih Yi, CPJ’s Asia-Pacific director, said the ruling underscores Hong Kong’s contempt for press freedom, which is supposedly protected under the city’s Basic Law. She stated that Jimmy Lai’s only crime was running a newspaper and defending democracy.

A pre-sentencing hearing is scheduled for January 12. It remains unclear whether Lai will appeal the verdict.

The trial lasted for 156 days, with Lai testifying for 52 days. He argued that he had not called on the US to impose sanctions or economic penalties on China, as alleged by the prosecution. The charges against Lai were brought under the 2020 Hong Kong National Security Law, which imposes severe penalties for acts of “subversion” or “secession.”

Lai, a vocal critic of Beijing, was quickly charged under the new law. His publication, Apple Daily, became known as a pro-democracy newspaper. Prosecutors presented 161 articles from the newspaper as evidence during the trial.

Lai was first arrested in August 2020, shortly after the national security law took effect. He was arrested again in December, released, and then re-arrested. He has been in custody ever since. In May 2021, authorities froze Apple Daily’s assets, and in June, five executives were arrested during a police raid. The newspaper was forced to close that month.

Lai's legal team has requested leniency, citing his age and health issues. Previously, figures such as former US President Donald Trump have called for his release.