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| Supporting freedom of expression is not wrong, Jimmy Lai’s lawyer tells court | Supporting freedom of expression is not wrong, Jimmy Lai’s lawyer tells court |
| (32 minutes later) | |
| Closing arguments made in Hong Kong media mogul’s national security trial, which has lasted more than 140 days | Closing arguments made in Hong Kong media mogul’s national security trial, which has lasted more than 140 days |
| A lawyer for Jimmy Lai has argued that it is not wrong to support freedom of expression, as he began his final argument in the prominent Hong Kong democracy activist and newspaper founder’s landmark national security trial. | A lawyer for Jimmy Lai has argued that it is not wrong to support freedom of expression, as he began his final argument in the prominent Hong Kong democracy activist and newspaper founder’s landmark national security trial. |
| The barrister Robert Pang is representing Lai in his fight against charges of colluding with foreign forces to endanger national security and conspiring with others to issue seditious publications. Lai, 77, faces up to life in prison if convicted under a national security law imposed by Beijing after anti-government protests in 2019. | The barrister Robert Pang is representing Lai in his fight against charges of colluding with foreign forces to endanger national security and conspiring with others to issue seditious publications. Lai, 77, faces up to life in prison if convicted under a national security law imposed by Beijing after anti-government protests in 2019. |
| “It is not wrong to support freedom of expression. It is not wrong to support human rights,” Pang told the three-judge panel, which is expected to deliver a verdict later this year, once this current round of final legal submissions is concluded after about a week. | |
| “It is 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, because … you can’t force someone to think in one way or another,” Pang added. | “It is 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, because … you can’t force someone to think in one way or another,” Pang added. |
| One of the judges, Esther Toh, said that this was not what the prosecution argued. “It’s not wrong not to love the government, but if you do that by certain nefarious means, then it’s wrong,” Toh said. | One of the judges, Esther Toh, said that this was not what the prosecution argued. “It’s not wrong not to love the government, but if you do that by certain nefarious means, then it’s wrong,” Toh said. |
| Prosecutors say Lai used his media outlet and foreign political connections to lobby for governments to impose sanctions and other punitive measures against Chinese and Hong Kong authorities. | Prosecutors say Lai used his media outlet and foreign political connections to lobby for governments to impose sanctions and other punitive measures against Chinese and Hong Kong authorities. |
| In his closing argument earlier on Wednesday, the prosecutor Anthony Chau told the court that Lai showed “unwavering intent to solicit [sanctions, blockade, or hostile activities] from foreign countries”. | In his closing argument earlier on Wednesday, the prosecutor Anthony Chau told the court that Lai showed “unwavering intent to solicit [sanctions, blockade, or hostile activities] from foreign countries”. |
| “These collaborations are long-term and persistent,” Chau added. | “These collaborations are long-term and persistent,” Chau added. |
| Closing arguments were scheduled to begin last Thursday but the court was delayed by bad weather for a day, and then further postponed over health concerns related to Lai’s heart. Pang told the court last week that the tycoon had experienced heart “palpitation” and episodes that felt like “collapsing” while in jail. | Closing arguments were scheduled to begin last Thursday but the court was delayed by bad weather for a day, and then further postponed over health concerns related to Lai’s heart. Pang told the court last week that the tycoon had experienced heart “palpitation” and episodes that felt like “collapsing” while in jail. |
| Lai appeared healthy as he entered the dock on Monday, and he smiled and waved to his family at the public gallery. The national security trial has stretched for more than 140 days – beyond the 80 originally set down – and years after his arrest in 2020. | Lai appeared healthy as he entered the dock on Monday, and he smiled and waved to his family at the public gallery. The national security trial has stretched for more than 140 days – beyond the 80 originally set down – and years after his arrest in 2020. |
| Over three days the prosecution summarised its arguments, including that articles published in Lai’s pro-democracy tabloid newspaper, Apple Daily, falsely portrayed Chinese authorities as oppressors of Hong Kong freedoms, in order to lobby for foreign intervention after the crackdown on the pro-democracy movement. | Over three days the prosecution summarised its arguments, including that articles published in Lai’s pro-democracy tabloid newspaper, Apple Daily, falsely portrayed Chinese authorities as oppressors of Hong Kong freedoms, in order to lobby for foreign intervention after the crackdown on the pro-democracy movement. |
| Chau told the court the articles published in Apple Daily were not “rational criticism”, and that none of them provided recommendations, nor did they “venture to suggest any solutions”. He said the paper’s criticisms of the Chinese authorities were an indirect means of calling on foreign governments to interfere. | |
| However, his argument received some pushback from the judges overseeing the case, who questioned whether that amounted to sedition. | However, his argument received some pushback from the judges overseeing the case, who questioned whether that amounted to sedition. |
| “Did they actually have to venture that? You can write a critical article about the water problem, but do you have to venture to offer solutions?” judge Esther Toh said, appearing to reference a recent issue with local drinking water. | “Did they actually have to venture that? You can write a critical article about the water problem, but do you have to venture to offer solutions?” judge Esther Toh said, appearing to reference a recent issue with local drinking water. |
| Judge Alex Lee pointed to Apple Daily articles calling for the now-shelved extradition bill – which was the original focus of the 2019 protests – to be withdrawn, saying: “They were opposing the very introduction of the extradition bill … was that not a suggested solution?” | Judge Alex Lee pointed to Apple Daily articles calling for the now-shelved extradition bill – which was the original focus of the 2019 protests – to be withdrawn, saying: “They were opposing the very introduction of the extradition bill … was that not a suggested solution?” |
| Lee added that an article could not be considered seditious if its purpose was to highlight pitfalls in governance, “but if it was to defame the government causing the people to lose confidence or to turn hostile against the government, that would be a case of sedition”. | Lee added that an article could not be considered seditious if its purpose was to highlight pitfalls in governance, “but if it was to defame the government causing the people to lose confidence or to turn hostile against the government, that would be a case of sedition”. |
| Chau said that even after Beijing’s national security law in the city was passed, Lai did not stop his alleged collaborators, including members of the overseas activist group Stand With Hong Kong, which Lai is accused of backing financially, and the Interparliamentary Alliance on China (Ipac), from continuing to lobby for sanctions. | Chau said that even after Beijing’s national security law in the city was passed, Lai did not stop his alleged collaborators, including members of the overseas activist group Stand With Hong Kong, which Lai is accused of backing financially, and the Interparliamentary Alliance on China (Ipac), from continuing to lobby for sanctions. |
| Chau said: “Lai knew exactly what Ipac was doing at the time,” and that he had maintained ties with current and former US government and military officials after the passage of the law. | Chau said: “Lai knew exactly what Ipac was doing at the time,” and that he had maintained ties with current and former US government and military officials after the passage of the law. |
| During the trial, prosecutors had presented as evidence a network of mostly foreign politicians, including Donald Trump, his former vice-president Mike Pence, and senior members of his first administration. Taiwan’s former president Tsai Ing-wen and a number of UK, US and Taiwan activists, academics, politicians and journalists were also listed. | During the trial, prosecutors had presented as evidence a network of mostly foreign politicians, including Donald Trump, his former vice-president Mike Pence, and senior members of his first administration. Taiwan’s former president Tsai Ing-wen and a number of UK, US and Taiwan activists, academics, politicians and journalists were also listed. |
| In November, Lai told the court he had met some, but he denied asking for any concrete action beyond speaking in support of Hong Kong. He said he had never met, spoken to or exchanged messages with Trump, but believed the US president had been briefed about him. | In November, Lai told the court he had met some, but he denied asking for any concrete action beyond speaking in support of Hong Kong. He said he had never met, spoken to or exchanged messages with Trump, but believed the US president had been briefed about him. |
| Lai’s defence team’s closing arguments are expected to finish early next week, before the three-judge panel retires to decide on their ruling. A verdict is expected before November, due to the start of another national security trial, but no date is set. | Lai’s defence team’s closing arguments are expected to finish early next week, before the three-judge panel retires to decide on their ruling. A verdict is expected before November, due to the start of another national security trial, but no date is set. |
| The trial of the so-called “Hong Kong 47” took more than five months between the end of hearings and a verdict, and a further five months for sentencing. | |
| Reuters contributed to this report | Reuters contributed to this report |