A lawyer for Jimmy Lai has argued that it is not wrong to support freedom of expression, as the British media tycoon’s defence team presented its final arguments in his landmark sedition trial.
The 77-year-old founder of the now-shuttered Apple Daily is facing the prospect of life in prison if found guilty of sedition and collusion with foreign powers under Hong Kong’s national security law.
Mr Lai has pleaded not guilty to charges of conspiracy to collude with foreign forces and conspiracy to publish seditious material.
The high-profile trial, which has stretched over 150 days so far, entered its final stage this week. While it was not immediately clear when the verdict will be announced, reports suggest the judges might not deliver their judgement until October.
Robert Pang, representing Mr Lai, said it was not wrong to hope that the government would change its policies, whether through internal review or pressure, whether from inside or outside of Hong Kong. “It's not wrong to try to persuade the government to change its policy. Nor is it wrong not to love a particular administration or even the country,” he said. He argued that the prosecution seemed to have dismissed human rights as an alien concept.
Prosecutors have deemed 161 articles published in Mr Lai's Apple Daily to have been seditious. Mr Pang pushed back against that notion, using three examples to argue that they were just “reporting,” and that the items in question were only a small fraction of what the newspaper published.
Judge Esther Toh said the three-judge panel was looking at the content of the articles, not the number, and said she wasn't playing a mathematical game. She said it is not wrong not to love the government, but it becomes wrong when someone does that through certain nefarious means.
On Wednesday, lead prosecutor Anthony Chau accused Mr Lai of being the “mastermind” in an alleged foreign collusion plot against Hong Kong authorities.
The prosecution claimed Mr Lai had admitted his commitment to lobbying for sanctions was “unwavering", which risked breaking the national security law.
Mr Chau alleged that even after Beijing's imposition of the national security law, Mr Lai did not stop his alleged collaborators from continuing to lobby for sanctions. The prosecution cited open letters, articles, and social media posts from overseas activist group Stand With Hong Kong calling on foreign governments, including those of the UK, the Czech Republic, Ireland, and Portugal, to impose sanctions on Hong Kong and China.
Earlier, prosecutors alleged that Mr Lai had asked foreign countries, especially the US, to take action against Beijing "under the guise of fighting for freedom and democracy".
The defence continued with its closing arguments on Thursday. Despite health issues, Mr Lai has been appearing in court since final arguments began being heard on Monday.
Concerns over Mr Lai's health delayed the trial last week after Mr Pang reported that his client had experienced heart palpitations and the judges wanted him to receive medical treatment first. A heart monitor was later delivered to be worn during the proceedings.
Last Friday, the Hong Kong government said a medical examination of Lai found no abnormalities and that the medical care he received in custody was adequate.
Mr Lai has been in prison for nearly four years for his role in the pro-democracy protests of 2019, which led to Beijing imposing the national security law in the city.
The media tycoon's son, Sebastien Lai, claimed last year that his father, who suffers from diabetes, had lost significant weight and that he had been denied independent medical care.
"I don't want my father to die in jail," he said, urging the UK government to do more to secure Mr Lai's release.
