Jimmy Lai Chee-ying, a Hong Kong media mogul and pro-democracy activist, was convicted on Monday (15) in a historic trial, seen by critics as a symbol of the weakening of freedoms in the Asian financial center.
Lai was found guilty of collusion with foreign forces, based on the national security law imposed by China on Hong Kong in late June 2020, and of publishing materials considered an attack on the state through his now-defunct newspaper, Apple Daily. He has denied all charges but could face life in prison.
The lengthy legal process has lasted five years since Lai’s last arrest in late December 2020.
On Monday morning (15th), around 100 people gathered outside the West Kowloon Court. A woman in her 50s, a financial industry employee who identified herself only as Venus, said she had been there since 4 a.m. In an interview with “Nikkei Asia”, he said he wanted to demonstrate that Hong Kong society continues to pay attention to Lai’s fate. According to her, his feelings would not change even after the conviction and she expressed hope that he would receive a short prison sentence.
In recent months, Lai’s family and allies have expressed concern about his health. The businessman turned 78 on December 8 and has been held in solitary confinement for more than 1,800 days.
The affair has been the target of recurring criticism from the international community. Foreign governments, including the United States, and human rights groups view the trial as a key test for the rule of law in Hong Kong, a former financial hub marked by a legal system seen as predictable and independent.
In December, a bipartisan group of American parliamentarians proposed the creation of “Jimmy Lai Day”, in recognition of his role in defending press freedom and democratic values in the territory. The group also called for the release of Lai and other political prisoners.
According to the international press, US President Donald Trump raised this matter during a meeting with Chinese President Xi Jinping during a meeting in South Korea at the end of October. During the election campaign, Trump said he would be able to secure Lai’s release if re-elected.
The Hong Kong government rejects these criticisms and says the process strictly respects the rule of law. In response to an annual US Congressional report questioning the businessman’s detention conditions, the local administration said the allegations were “baseless” and that Lai was receiving adequate medical care.
Eric Yan-ho Lai, a senior fellow at the Asian Law Center at Georgetown University, said the trial reflects a structural change in the role of the territory’s legal system. According to him, under the British administration, the law functioned as an instrument to limit state power, while, after the transfer of sovereignty to China, it began to be used as a tool of governance and social control.
“The goal is to assert the primacy of government and sovereignty over principles such as due process,” he said.
Lai’s first arrest under the national security law took place in August 2020, when police carried out a large-scale raid on Apple Daily headquarters. The formal accusation was presented in December of the same year, followed by his arrest on the last day of 2020.
The closure of Apple Daily and the Lai case are seen as part of a broader movement of political repression. Since then, Hong Kong has seen a sharp decline in the press freedom rankings of the organization Reporters Without Borders, falling from 18th place in 2002 to 140th place in the most recent ranking.
Pro-democracy parliamentarians, activists and human rights lawyers have been arrested, excluded from public life or left the territory, while civil society organizations and opposition parties have been dissolved. On Sunday, the Democratic Party – the main opposition party before the transfer of sovereignty – formally approved its dissolution.
The trial is taking place at a time of heightened political sensitivity. The city is still reeling from the deadly fire at the Wang Fuk court residential building, which led the government to launch an investigation that could last up to nine months. Chief executive John Lee urged caution against political use of the tragedy.
On Sunday (14), the government announced that Lee would make an official visit to Beijing by Wednesday (17) to report to Chinese leaders on the economic, social and political situation in Hong Kong.
At the same time, authorities stepped up security measures before the verdict was announced. On Friday (12), the National Security Police arrested nine men, aged 20 to 25, accused of carrying out illegal training with weapons and combat techniques, suspected of planning anti-government actions. The arrests took place on the basis of Article 23 of the local national security legislation.
For Sam Yip Kam-lung, a former Hong Kong district councilor and visiting scholar at Kanagawa University, Japan, Lai’s ruling serves as a deterrent. According to him, the National Security Law has been widely applied, with a direct impact on political freedom and the institutional environment of the territory.
“The authorities are not willing to allow Lai to return to public life,” he said.
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