Prominent publisher Jimmy Lai will testify in his defense on Thursday, according to his defense attorney. The historic national security trial is being held under a Beijing-imposed rule that has almost eliminated public opposition.
The now-defunct Apple Daily newspaper was founded by 76-year-old Lai, who was detained in 2020 as part of a crackdown on the large-scale pro-democracy demonstrations that shook Hong Kong in 2019. He was accused of plotting with others to release seditious materials and of working with foreign powers to jeopardize national security. He could spend up to life in jail if found guilty.
Robert Pang, Lai’s attorney, contended on Wednesday that the prosecution’ evidence was weak, meaning his client had no case to answer. Pang emphasized the value of free expression and claimed that since the 2020 law’s introduction, the prosecution had been unable to establish Lai’s intentions.
However, on Thursday, the government-approved justices Alex Lee, Susana D’Almada Remedios, and Esther Toh decided against him.
Without providing further details, Toh stated, “After taking into account all of the submissions, we determined that the first defendant has a case to answer on all charges.”
Following the decision, Lai seemed to be relaxed.
In court, Pang said that Lai would provide testimony on his behalf. The matter has been postponed until November 20.
Lai’s well-known case, which has now lasted more than ninety days, is seen by many as a test of press freedom and judicial independence in the Asian financial center.
Hong Kong was given back to China by Britain in 1997 with a 50-year guarantee that its civil rights would remain in line with Western standards. But since the 2020 security law was passed, the liberties that once distinguished Hong Kong from mainland China—such as the freedom of the press and assembly—have significantly decreased.
The governments of Beijing and Hong Kong maintain that the law restored stability to the city after the social turmoil.
According to the prosecution, Lai had been asking other nations—particularly the US—to intervene on behalf of Beijing “under the pretense of defending democracy and freedom.”
They cited Lai’s discussions in July 2019 in the US with former US Vice President Mike Pence, former US Secretary of State Mike Pompeo, and other prominent senators to discuss an extradition law that has since been abandoned and which caused the large-scale anti-government riots of that year. Lai was accused of seeking assistance from the United States to impose sanctions on the leaders of Beijing and Hong Kong for allegedly suppressing the movement.
Six former executives of Apple Daily pled guilty in 2022 and told the judge that they had planned with Lai to demand sanctions or take other hostile actions against China or Hong Kong. They were found guilty and are awaiting their prison sentence.
A few of the former executives have testified as prosecution witnesses throughout the trial, along with two others who also entered guilty pleas to accusations of collaboration.
Reporters Without Borders’ most recent World Press Freedom Index placed Hong Kong, which was formerly thought to be a stronghold of media freedom in Asia, at 135th place out of 180 nations and territories.