Jimmy Lai case puts Hong Kong's legal system on trial

Jimmy Lai, one of most high-profile pro-democracy figures in Hong Kong, has pleaded not guilty to charges of "sedition and collusion with foreign forces" in a landmark trial that symbolizes Beijing's growing reach into the political and legal system of the semi-autonomous Chinese territory.

The 76-year-old founder of Apple Daily, a now-shuttered tabloid critical of the Chinese Communist Party, was arrested more than three years ago as part of a widespread crackdown on Hong Kong's pro-democracy movement.

Lai has been charged with one count of sedition and two counts of conspiracy to collude with foreign forces under a Beijing-imposed national security law. He faces life in prison if convicted.

Before the trial, Canada, the US, the United Kingdom and the European Union called for Lai's immediate release and expressed concern that his case would set a precedent for the further erosion of civil liberties in Hong Kong.

Elaine Pearson, director of Human Rights Watch's (HRW) Asia Division, said she would like to see "stronger actions" from Western governments as it's essential to make Beijing aware that "the international community will respond."

In opening arguments, prosecutor Anthony Chau told the judges that Lai was "a radical figure" who conspired to bring "hatred and stir up opposition" in Hong Kong through his "extensive overseas contacts."

The contacts allegedly include several foreign senior officials, such as former US Vice President Mike Pence and former US Secretary of State Mike Pompeo.

The prosecution also named several foreign citizens as " co-conspirators," including human rights activist Luke de Pulford, former Japanese lawmaker Shiori Kanno and British financier Bill Browder.

"We need to know that America is behind us," Lai was shown saying in a video clip played in court.

Lai case spotlights China's system vs. the West

Prosecutor Chau also claimed Lai had made requests for foreign nations, "under the guise of fighting for freedom and democracy," to impose sanctions on Chinese and Hong Kong officials. John Lee, the city's pro-Beijing incumbent chief executive, is one of the prominent figures sanctioned by Washington.

Furthermore, Chau cited 161 "seditious articles" from Apple Daily and announced that the prosecution would call several "accomplice" witnesses, including former Apple Daily editor Chan Pui-man and other newspaper executives, to prove that Lai was the "mastermind" of the case.

Eric Lai, a research fellow at Georgetown University's Center for Asian Law, told DW, "it's very clear that they wanted to rely on the publications of the Apple Daily and all the multimedia materials [as evidence to indict him]."

Under international standards, he said, "these expressions according to the materials provided in a courtroom does not [provide] cause of imminent violence."

"There would be a lot of uncertainties at the cross-examination of evidence," Lai added.

Jimmy Lai trial a 'farce'

Lai's trial is considered a key test for Hong Kong's judicial reputation since China imposed the national security law in 2020.

"We know that so far the national security law has a 100% conviction rate," HRW's Pearson told DW, describing Lai's trial as a "farce" without due process "right from the beginning."

Lai has been tried without juries, and the three high court judges were handpicked by the government. Before the trial, he was detained in isolation with bail requests repeatedly denied. Last year, a decision to hire a British barrister, Timothy Owen, was also blocked under Beijing's intervention.

However, Hong Kong authorities have disputed claims that Lai won't enjoy a fair trial, claiming all are equal before the law and that the national security law has brought stability to Hong Kong after mass protests in 2019.

"The prosecution does not mind escalating the tensions between Hong Kong or China and the West," said legal researcher Eric Lai.

But, he underlined, the Hong Kong government is now facing a "dilemma" as they aim to attract more foreign investment by maintaining the city's reputation for reliability built on the back of an independent judicial system. At the same time, they also want to push Lai's case forward.

Hong Kong was once renowned for its individual rights and independent judiciary, yet the world is now witnessing "a staggering deterioration in freedom of expression" in the city, said HRW's Pearson.

Many Hong Kong activists are now in exile and on the Chinese government's wanted list. Pearson believes the case against a high-profile figure like Lai is meant to send a message to other pro-democracy Hong Kong dissidents that if the government can "do this to someone like Jimmy Lai, 'just imagine what we could do to you,'" she said.

Edited by: Wesley Rahn