Jimmy Lai: Facing the Greatest Trial of His Life in Hong Kong
Jimmy Lai, a prominent Hong Kong media tycoon and vocal advocate for democracy, celebrated his 76th birthday in a high-security prison His inspiring journey from humble beginnings to immense success highlights his unwavering commitment to fighting for the rights of Hong Kongers
Hong Kong media mogul Jimmy Lai, a prominent advocate for the city's pro-democracy movement and outspoken critic of Chinese leadership, celebrated his 76th birthday this month while in custody at a maximum security prison.
Since 2020, Lai has been detained and subsequently imprisoned on various charges related to his involvement in Hong Kong's democracy protests and his ownership of Apple Daily, a pro-democracy newspaper known for its opposition to Beijing that was ultimately forced to cease publication in 2021.
Lai, a long-standing and confrontational opponent of Beijing, is now confronted with his most significant legal battle to date. He is set to stand trial on Monday, facing three charges of colluding with foreign forces under the new national security law in Hong Kong, along with a separate charge of sedition as detailed in an indictment obtained by CNN. If found guilty, he could potentially be sentenced to life in prison.
The trial, projected to endure for at least 80 days, represents the most prominent prosecution of a Hong Kong media figure since the city's handover from British to Chinese control in 1997. It has the potential to establish new legal norms for Hong Kong's swiftly evolving legal environment. In the wake of large and occasionally violent pro-democracy demonstrations that swept through Hong Kong in 2019, numerous leading democracy advocates in the city have been imprisoned or have sought refuge abroad.
Few individuals receive the level of international recognition that Lai does.
Prosecutors claim that articles in Lai's Apple Daily newspaper breached Hong Kong's national security law by advocating for sanctions against the city's leaders. Lai has pleaded not guilty.
Following the 2019 protests, Beijing implemented the national security law, claiming that it has restored stability and closed loopholes that allowed foreign forces to undermine China. However, critics argue that the law has greatly reduced Hong Kong's freedoms and drastically altered the city's legal framework.
The high-profile trial, like previous national security cases, will be overseen by three national security judges instead of a jury. They are appointed by a committee approved by Hong Kong's leader. Lai has been blocked from being represented by a British lawyer, and this decision is the subject of a separate legal challenge that has repeatedly delayed the start of the trial. Once known as one of the city's most outspoken figures, Lai has been relatively quiet since facing multiple prosecutions.
"I believe he is very mentally resilient," stated Sebastien Lai, in a recent interview with CNN in London. "However, there is the undeniable reality that no one is immune to the effects of aging. At his age, the potential dangers of being in maximum security are significantly heightened."
Jimmy Lai led out of a building to go for exercise at Stanley Prison in Hong Kong on August 4, 2023.
Louise Delmotte/AP
Lai's son met with the British foreign minister last week to advocate for the release of his father, a British citizen. He has also been campaigning in the US and Canada for the same cause.
Chinese authorities have criticized Western countries for their condemnation of Lai's prosecution. They have also repeated their denunciations of the media tycoon ahead of this week's trial.
During a regular press briefing last Wednesday, Chinese foreign ministry spokesperson Mao Ning stated that Jimmy Lai is widely known for being a prominent anti-China figure who aims to destabilize Hong Kong and is the mastermind behind the riots in the region. Mao accused Lai of collaborating with external forces to threaten Chinese national security and committing various egregious acts. Mao emphasized that the Hong Kong government's actions to hold Lai accountable are in full accordance with the law and are justified.
The Hong Kong authorities have adopted a more careful approach in their language, refraining from commenting on legal proceedings while standing behind the actions of the police and prosecutors in their pursuit of national security prosecutions.
"We cannot comment on specific cases, but it is important to note that law enforcement agencies in the HKSAR (Hong Kong) have been carrying out their duties based on evidence and in full compliance with the law concerning the actions of the individuals or entities involved," a spokesperson for the government told CNN.
"The spokesperson emphasized that all cases involving threats to national security will be dealt with fairly and promptly," the spokesperson said. When reached for comment prior to the trial, Lais legal team declined to provide a statement to CNN.
According to Sarah Brooks, deputy regional director for China at Amnesty International, the trial represents the alarming deterioration of the rule of law in Hong Kong. She condemned the case as an assault on both press freedom and freedom of expression from its inception. Brooks stated on Friday (Dec 15) that the Hong Kong authorities should release Jimmy Lai without conditions and clear his criminal record, emphasizing that no one should face prosecution for exercising their human rights.
The trial was described as "a mockery of justice" by the Committee to Protect Journalists.
Beh Lih Yi, CPJ's Asia program coordinator, stated, "What is really being tested in Hong Kong is press freedom and the rule of law."
Hong Kong tycoon Jimmy Laiin 1995 posing in front of a poster advertising his newly launched newspaper Apple Daily.
Mike Clarke/AFP/Getty Images
Rags to riches
Lai's personal and financial fortunes are closely intertwined with the history of modern Hong Kong. In 1960, amidst the Great Chinese Famine, Lai escaped mainland China by smuggling himself out of Guangdong province and into the British colony of Hong Kong on a fishing boat. At just 12 years old, he arrived in the city with little to his name.
Lai started out as a general laborer at a textile factory, earning 60 Hong Kong dollars ($7) a month and sharing an apartment with 10 others in the impoverished Sham Shui Po neighborhood, which is still one of the most impoverished districts in Hong Kong.
Over the course of twenty years, Lai managed to learn English, advance from the factory floor to a sales position, and ultimately establish his own retail line. While in New York to select fabric samples, he purchased a pizza and found the name "Giordano" written on the napkin.
The name of his highly successful chain of casual mens clothing became synonymous with his first fortune. However, after China's deadly crackdown on student protesters in Tiananmen Square in 1989, Lai became politically active and an outspoken critic of Beijing's leaders, a rarity in Hong Kong's wealthy tycoons.
He moved out of the clothing business and chose a new role - media baron.
Lai founded Apple Daily in 1995, two years before Hong Kong was handed over to China.
The paper, visually resembling USA Today, sparked a media revolution in the city and ignited a price war among rivals as they tried to keep up with its flashy tabloid style. While featuring celebrity gossip, the paper also gained recognition for its hard-hitting exposés on corruption and human rights violations, making it a fierce critic of the local government and Beijing.
It also openly supported the consecutive waves of pro-democracy protests that swept through Hong Kong, reaching a peak in the 2019 movement. Lai himself was frequently seen at the marches, in various weather conditions, prompting criticism from China's state-run media.
As tensions between protesters and police escalated, a minority of protesters started to call for Hong Kong's independence from mainland China, crossing a red line for Beijing authorities, who labeled all pro-democracy calls as a US-backed "color revolution," and referred to protesters as "rioters," "radicals," and "thugs."
One of the few Hong Kong tycoons to criticize Beijing, Lai often took part in protests, such as the student-led 'Occupy Central' rallies in late 2014.
Lucas Schifres/Getty Images
Democracy protests swelled in 2019 with huge crowds turning out for a movement that was embraced by Lai and his newspaper
Dale de la Rey/AFP/Getty Images
Hong Kong's national security police raided the newsroom of Apple Daily, the city's pro-democracy newspaper run by Lai, on June 17, 2021.
Anthony Kwan/Getty Images
Apple Daily journalists held aloft copies of the newspaper's last edition as the paper closed after 26 years on June 24, 2021
Daniel Suen/AFP/Getty Images
An avid Catholic and strong advocate for former US President Donald Trump, Lai had actively campaigned abroad for foreign governments to exert pressure on China regarding Hong Kong. Amidst the social turmoil, Lai journeyed to Washington to meet with then Vice President Mike Pence and other prominent politicians to discuss the political climate in Hong Kong.
Beijing viewed this as collaboration with foreign powers to jeopardize the country's security.
The US-sanctioned actions have long angered Chinese authorities and frequently lead to retaliatory measures. In 2019, during the protests, Beijing was furious with individuals in Hong Kong, like Lai, who openly advocated for limitations to be imposed on Chinese and Hong Kong officials. State-controlled media outlet Global Times, for instance, referred to Lai's meetings with US politicians as "foreign intervention" by "traitors" and pledged to take action against such behavior.
As a result, the US has imposed sanctions on numerous Hong Kong and Chinese officials due to Beijing's continuous crackdown in the city.
After Beijing implemented the new national security law in Hong Kong in June 2020, Lai openly acknowledged the potential risks but pledged to stay in the city. In August 2020, Lai was forcibly removed from his newsroom and detained by national security authorities on allegations of collaborating with foreign entities.
"He told CNN in an interview shortly after his arrest that there is always a price to pay for fighting for democracy throughout the years. His bail was denied. In June the following year, hundreds of police officers raided Apple Daily's headquarters, declaring the newsroom a crime scene under the national security law."
Executives and top news editors were arrested, journalistic materials were seized, and laptops, computers, and mobile phones were confiscated by officers. A week later, Apple Daily released its final edition, with all 1 million copies - 10 times more than its usual print run - selling out.
The closure of Apple Daily sent shockwaves through Hong Kong's media industry, leading to the shutdown of several smaller local outlets that were critical of the government following police investigations.
Following the national security raid and closure of Apple Daily, Chinas Hong Kong and Macao Affairs Office stated, "Freedom of speech and press cannot be used as a shield for criminal acts, nor can media organizations be immune from accountability."
Hong Kongs government has also repeatedly denied that the citys media freedoms have been affected by the law.
But that is disputed by multiple human rights and media groups.
In its annual World Press Freedom Index, Reporters Without Borders ranks Hong Kong 140 out of 180 countries and territories, down from 18th place two decades ago. Mainland China is ranked at 179.
