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Hong Kong Court Weighs Sentencing in Jimmy Lai National Security Case
A Hong Kong court heard final sentencing arguments Tuesday for co-defendants of prominent democracy advocate Jimmy Lai, moving closer to determining punishment in a landmark national security case that has drawn international attention and raised concerns about press freedom in the city.
The case involves former executives of Apple Daily, the pro-democracy newspaper founded by Lai that was forced to shut down in 2021 amid a government crackdown. The defendants, who pleaded guilty in 2022 to conspiracy to collude with foreign forces, admitted to requesting foreign sanctions or other hostile activities against Hong Kong or China.
Lai, who maintained his innocence throughout the proceedings, was convicted in December. The 76-year-old media mogul faces a potential life sentence under the national security law implemented by Beijing in 2020 following massive anti-government protests the previous year.
During Tuesday’s hearing, defense lawyers for the former Apple Daily executives made impassioned pleas for reduced sentences. Marco Li, representing former associate publisher Chan Pui-man, argued his client should receive no more than five years in prison, citing her limited role and cooperation with prosecutors. Li noted that Chan, who joined Apple Daily in 1996, regretted not more firmly resisting activities that made her uncomfortable but felt unable to leave her position due to health issues and financial concerns.
Similarly, lawyer Erik Shum, representing former executive editor-in-chief Lam Man-chung, asked the court to consider individual roles when determining sentences, characterizing his client as “an employee dragged into deep, muddy water.”
The six convicted Apple Daily executives include publisher Cheung Kim-hung, editor-in-chief Ryan Law, executive editor-in-chief for English news Fung Wai-kong, and editorial writer Yeung Ching-kee. Some of these individuals testified against Lai during the 156-day trial.
Under the national security law, collusion with foreign forces carries penalties ranging from three years to life imprisonment, though guilty pleas and cooperation with authorities can result in reduced sentences.
The three government-appointed judges did not announce a sentencing date, saying they needed time to analyze the arguments presented. Judge Esther Toh promised to inform the parties “as soon as we can.”
Apple Daily’s closure in June 2021 marked a significant turning point in Hong Kong’s media landscape. Founded in 1995, two years before Hong Kong’s handover from British to Chinese rule, the newspaper gained popularity for its investigative reporting and critical stance toward both the Hong Kong and Beijing governments. During the 2019 protests, Apple Daily openly supported the pro-democracy movement.
Following the implementation of the national security law, authorities moved swiftly against Lai and his publication. Police raids, asset freezes, and prosecutions ultimately forced the newspaper’s closure. Its final edition sold one million copies as supporters rushed to purchase what many viewed as the last hurrah of Hong Kong’s once-vibrant independent press.
The Hong Kong government has consistently maintained that the case is about national security, not press freedom, arguing that Lai and his associates used journalism as a pretext for activities harmful to China and Hong Kong. In their December verdict, the judges concluded that Lai had used Apple Daily as a platform to spread his political ideas and implement his political agenda.
However, the prosecution has drawn criticism from foreign governments and press freedom advocates who see it as part of a broader crackdown on dissent in the former British colony, once considered a bastion of free expression in Asia.
As Lai entered the courtroom Tuesday, he smiled at supporters in the public gallery, one of whom formed a heart shape with her hands. Among those watching the proceedings was Chung Pui-kuen, husband of defendant Chan Pui-man and former editor of Stand News, another shuttered pro-democracy publication. Chung himself was sentenced to 21 months in prison in a separate sedition case, further underscoring the challenges facing independent journalism in Hong Kong.
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4 Comments
The shutdown of Apple Daily was a concerning development for media independence in Hong Kong. While the defendants may have acted in good faith, the national security law is a powerful tool that the government has used to crack down on dissent. I wonder how the court will navigate this delicate situation.
This case highlights the ongoing tensions between Hong Kong’s pro-democracy movement and the Chinese government’s efforts to assert greater control. The sentencing will be closely watched as a signal of the city’s future trajectory on issues of press freedom and political expression.
It’s good to see the defense lawyers making impassioned pleas for reduced sentences. The potential life sentence for Lai seems extremely harsh, especially given the ambiguity around the national security law. I hope the court can find a balanced approach that upholds the rule of law while also protecting essential civil liberties.
This is a complex and sensitive case that raises important issues around press freedom and the rule of law in Hong Kong. I’m curious to see how the court balances the defendants’ pleas for leniency with the potential seriousness of the national security charges.