Hong Kong court rejects bid to drop sedition charge against Jimmy Lai

INTERNATIONAL DESK: A Hong Kong court on Friday (Dec 22) rejected a bid by the legal team for pro-democracy tycoon Jimmy Lai to have a sedition charge against him dropped, in a closely watched national security trial.

The trial began on Monday for Lai, who is charged with “collusion” with foreign forces under a Beijing-imposed national security law, a charge that carries a potential life sentence.

He is also accused of “conspiracy to produce seditious publications” – a colonial-era offence that has been revived after decades of disuse – which is considered a lesser charge as it carries a shorter jail sentence if convicted.

His lawyers earlier argued that the sedition charge should be tossed out as the prosecution began too late, beyond the six-month time limit stipulated by Hong Kong law.

Lawyer Robert Pang pointed out that Lai was only taken to court and officially charged on Dec 28, 2021 – four days after the deadline.

The three government-appointed judges in the trial – Esther Toh, Susana D’Almada Remedios and Alex Lee – said a time limit did not apply as the conspiracy was “a continuing offence and therefore the time limitation did not start to run until after the last date of the alleged conspiracy”.

“The court ruled that the prosecution of the sedition charge against the defendants was not time-barred,” the judges said in a summary of their judgement.

“Therefore, the Court had jurisdiction to try the defendants on the sedition charge.”

According to the prosecution, Lai and Apple Daily published a total of 161 seditious articles between Apr 1, 2019 and Jun 24, 2021 – until the newspaper ceased publication following a police raid, a freeze on its assets and arrests of former staff crippled its operations.

The case has been adjourned to Jan 2, when prosecutors are expected to make opening arguments. The trial is expected to last 80 days.

Lai, 76, is the founder of the now-shuttered Chinese-language tabloid Apple Daily, which often criticised Beijing and supported the huge pro-democracy protest movement that roiled Hong Kong in 2019.

His case is being closely watched as a barometer of Hong Kong’s political freedoms and judicial independence.

Dozens of armed police were deployed around the Hong Kong court building Friday, where activist Alexandra Wong – better known as “Grandma Wong” – was the sole protester expressing support for Lai.

Present at Friday’s brief hearing were Lai’s family members, media and a handful of representatives from foreign consulates.

He smiled and waved to his family when entering the courtroom, and his daughter made a “heart” sign with her hands.

The trial comes as the city prepares to enact a new round of national security laws next year known as Article 23 that will further tighten China’s grip, and include counter-espionage legislation that could strengthen official control over foreign institutions.

Lai is a British citizen and his trial has sparked condemnation from the United States and the UK – which have both called for his release – as well as the European Union and United Nations.

Anne-Marie Trevelyan, UK minister of state for the Indo-Pacific, said Monday that Britain “continue to ask for consular access for Jimmy Lai”.

Beijing has dismissed the international criticism as “blatant political manoeuvring”. (CNA)