A court in Hong Kong has found the British media tycoon and pro-democracy activist Jimmy Lai guilty on multiple charges of sedition and foreign collusion, in a landmark moment for the city’s draconian national security laws and sliding press freedoms.
Mr Lai, 78, faces the prospect of spending the rest of his life in prison. He is expected to be sentenced early next year.
The British national, who was the founder of the now-defunct Apple Daily newspaper in Hong Kong, was arrested in 2020 shortly after Beijing introduced tough new national security laws as part of a crackdown on massive anti-government protests in 2019.
He was charged with collusion with foreign forces under the Beijing-imposed national security law, conspiracy to publish seditious publications under colonial-era sedition laws, and fraud related to alleged breaches of lease conditions for his company’s office premises.
Mr Lai pleaded not guilty to all the charges brought against him.
Three judges announced the verdict on Monday as Mr Lai sat in a glass box in a small courtroom where his wife and son were also present.
Judge Esther Toh said Mr Lai’s actions left “no doubt” that he had “harboured resentment” for the Chinese government.
“There is indisputable evidence that [Lai] conspired with the named conspirators in count three ... to request foreign countries to impose sanctions, blockade, or engage in other hostile activities against the PRC, HKSAR or both,” she said, referring to the People’s Republic of China and Hong Kong Special Administrative Region
Judge Toh said that the court was satisfied that Mr Lai was the “mastermind” of conspiracies against the Chinese government and said Mr Lai’s evidence was at times contradictory, inconsistent and unreliable.
The court released an 855-page verdict that included 161 publications, including Apple Daily articles, as evidence of conspiracy to publish seditious materials, as well as social media posts and text messages.
Three business entities related to Apple Daily – Apple Daily Limited, Apple Daily Printing Limited, and AD Internet Limited – which were also co-accused, were found guilty on two charges of foreign collusion.
Mr Lai appeared calm as the verdict was announced and pressed his lips and nodded to his family before being escorted out of the courtroom by guards.
Mr Lai’s team said they are yet to make a decision on whether to appeal the verdict.
“Mr Lai’s spirit is okay. The judgement is so long that we’ll need some time to study it first. I don’t have anything to add at the moment,” said Robert Pang, who represented the media mogul at his trial, when asked about their next steps.
Mr Lai’s family have repeatedly raised concerns over his deteriorating health throughout his five years in detention, much of it spent in solitary confinement. His family say he has become weaker and skinnier during a marathon trial process, while he already suffers from pain, diabetes, heart issues and high blood pressure.
Monday morning’s verdict was denounced as a brutal end to free speech and a “sham conviction” of the media mogul.
The Committee for Freedom in Hong Kong Foundation, a US-based, non-profit advocacy organisation, said Mr Lai was an iconic figure in the battle between those who uphold democratic values and Hong Kong’s authoritarian government.
“This verdict should surprise absolutely no one,” said its UK and Europe director Mark Sabah. “The trial against Jimmy Lai has been a grotesque exercise in legal subversion and chicanery – a show trial masquerading as justice. But what’s actually been on display is the complete and total destruction of Hong Kong’s reputation as a global legal centre.
“Jimmy Lai is a British citizen. His release should be a condition of prime minister Keir Starmer’s planned trip to Beijing in January.”
The Committee to Protect Journalists (CPJ) said every day that Mr Lai was kept in prison increased the risk of his dying behind bars.
“This sham conviction is a disgraceful act of persecution,” said CPJ Asia-Pacific director Beh Lih Yi. “The ruling underscores Hong Kong’s utter contempt for press freedom, which is supposed to be protected under the city’s mini-constitution, the Basic Law.”
He demanded that Mr Lai be reunited with his family.
Reporters without Borders said it was “outraged” by Mr Lai’s conviction. It said the judgment marks “the alarming deterioration of media freedom” and that Mr Lai “embodied the courage of independent journalists in Hong Kong”.
Amnesty International said the verdict was “dismaying”, calling it a “death knell for press freedom in Hong Kong”.
“Lai has been jailed simply because he and his Apple Daily newspaper criticised the government ... This verdict shows that Hong Kong’s so-called ‘national security’ laws are not in place to protect people but to silence them,” Amnesty’s China director Sarah Brooks said.
“It should also serve as a warning to all people doing business in Hong Kong: that pursuing opportunities in the city comes with severe legal risks.”
A long queue of residents and supporters of the pro-democracy icon was seen outside the West Kowloon district court building, waiting to secure a seat in the courtroom. Many remained outside as police tightly controlled the security around the court premises on the historic day in the 156-day trial.
Two of his supporters were seen holding bright red apples to represent his now-shuttered Apple Daily newspaper.
Former Apple Daily employee Tammy Cheung arrived at 5am, saying she wanted to know about Mr Lai's condition after reports of his health.
She said she felt the process was being rushed since the verdict date was announced only last Friday, but added: “I’m relieved that this case can at least conclude soon.”
Mr Lai’s conviction comes just weeks ahead of Sir Keir’s expected visit to Beijing. A British citizen, Mr Lai has been at the centre of a case the UK government has described as a politically motivated prosecution, with Sir Keir facing growing pressure to demand Mr Lai’s release.
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