Jimmy Lai's national security law trial dominates the Hong Kong news on the first week of the new year

Never not feel shocked at seeing Jimmy Lai pictured 

in chains on the front pages of his own newspaper -- 

this from back in May 2021, when Apple Daily still existed

 

Jimmy Lai's national security law trial has finally got going in earnest this week.  On the first working day of 2024, the former media mogul formally "pleaded not guilty to conspiring to collude with foreign forces and publishing “seditious” materials".  "Wearing a dark-coloured jacket and a white shirt, the 76-year-old founder of pro-democracy newspaper Apple Daily, addressed the court for the first time on Tuesday since the trial began on December 18" and effectively confirmed that he's not going to go down without a fight even though the odds are clearly stacked against him thanks to his trial being jury-less and presided over by three judges handpicked by the authorities.

The prosecution begun delivering its opening statement after Lai had submitted his not guilty pleas.  And pretty soon, it became obvious that some -- if not all -- of the aspects of the arguments it seeks to make can seem very questionable from the viewpoints of many observers.

For example, the court was given a list of people named as “co-conspirators” that included a former US consul-general to Hong Kong (James Cunningham), the founder of the Global Magnitsky Justice Campaign (Bill Browder) and a former Japanese Member of the Diet (Japanese Parliament) (Shiori Kanno).  This even though Jimmy Lai had never met or spoken to some of them -- this according to some of them (E.g., Bill Browder)!  And here's this from another person named as a co-conspirator -- Hong Kong Watch's Benedict Rogers: "People who simply campaigned for democracy deemed "co-conspirators" with Jimmy Lai[.] People who simply spoke with him are "collaborators"[.] Who next? Everyone who bought Apple Daily?"

Then, on Wednesday, the prosecutors sought to make a big deal out the fact that Jimmy Lai "Followed" a number of foreign politicians on Twitter.  (Note: This was actually mentioned back in December 2020, and thought to be absurd then!)  In a sign of how weak such a charge is, even at least one of the three national security judges presiding over the case, Alex Lee, didn't find this all that damning. “He’s interested in international affairs, so?” was apparently his reaction!

Rather understandably, Caoilfhionn Gallagher, the British King's Counsel who's the leader of Jimmy Lai's international team, was moved to Tweet that: "Today’s developments in [Jimmy Lai’s] trial are ludicrous. It is now clear he is being tried for: conspiracy to commit journalism; conspiracy to talk about politics to politicians; & conspiracy to raise human rights concerns with human rights organisations. This farce must end."

But continue, it has.  And so has the pointing out of holes galore in the prosecution's case.  For example, yesterday (Thursday) saw Samuel Bickett (who, remember, is a trained lawyer as well as a political activist) pointing out that "the prosecutor [had] focused on ads Lai allegedly funded calling for the world to support Hong Kong’s [extradition bill turned pro-democracy] protests. They were published in Aug 2019, almost a year before Beijing imposed the [National Security] Law under which Jimmy is now charged".  

Here's the issue: "It is a fundamental principle that laws only apply to future acts, not past ones. For Jimmy, the court is simply choosing to ignore that principle. Beijing said in the lead up to the NSL’s passage that the law would not be applied retroactively." (See this for the record.)

Yesterday also saw Jimmy Lai's international legal team file an urgent appeal with the United Nations special rapporteur on torture regarding one of the key prosecution witnesses in Lai’s trial; pointing out that "there is “credible evidence” that Andy Li, a 33-year-old former pro-democracy activist, was tortured while in prison in mainland China before he confessed to allegedly conspiring with Lai to collude with foreign forces." (For more details, see this Washington Post piece by Shibani Mahtani, and the book by her and Timothy McLaughlin that it's excerpted from, Among the Braves: Hope, Struggle, and Exile in the Battle for Hong Kong and the Future of Democracy (Hachette Books, 2023) -- which, against the odds, there are copies of here in Hong Kong.)  

As this farce proceeds, it's worth reading the following musings by Bloomberg's Matthew Brooker:  

In their quieter moments, do the more sensible people in Beijing ever wonder where the likes of CY Leung have led them to in Hong Kong. We are still waiting for the evidence of foreign black hands [behind the Umbrella Movement] that CY promised us almost a decade ago. And now look where we are…

They have destroyed businesses, jailed dozens of politicians and incarcerated 76-year-old Jimmy Lai on sedition and collusion charges — and still they have nothing to show for it, except the most mundane innocent contacts that are part and parcel of everyday life for journalists.

Lai is accused of doing what everyone else did in Hong Kong - including pro-Beijing politicians - in talking to foreign diplomats. And for this, they trashed Hong Kong’s international reputation and undermined trust in its rule of law. Do they think they got their money’s worth?

What they have produced so far couldn’t even be called thin gruel. It is nothing at all. All they have demonstrated is that they have no idea of how Hong Kong society functioned - no understanding of the distinct way of life they undertook to preserve.

Beijing always had the power to do this, whatever its promises. But was wrecking Hong Kong in this way really in China’s interests? It’s easy to see what it has lost, much harder to discern what it has gained.