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A Hong Kong court has initiated the sentencing proceedings for renowned democracy advocate and media figure Jimmy Lai, attracting significant global attention and raising alarms regarding press freedom in the region.
At 78, Lai, previously the head of the defunct Apple Daily newspaper, is facing a possible life sentence following his conviction under the national security law established by Beijing in 2020, a direct response to substantial pro-democracy demonstrations in 2019.
Having been incarcerated for almost five years, Lai is viewed as one of the most notable targets of this expansive security legislation.
A Case that Captivates the World
In December, the court found Lai guilty on counts of conspiring to collude with foreign entities and conspiracy to disseminate subversive content, pertaining to articles and activities linked to Apple Daily, once a bastion of pro-democracy journalism in Hong Kong.
The four-day mitigation hearing commenced Monday, focusing on appropriate sentencing for Lai and his co-defendants. The primary charge carries a maximum sentence of life imprisonment. The court first addressed the sentences of two activists associated with the case before transitioning to Lai's.
Upon entering the courtroom, Lai expressed gratitude with a prayer-like gesture and smiled at his supporters present in the gallery. Despite his prolonged detention and noticeable weight loss, he remained poised and collected.
Among the attendees was a former editor of Apple Daily, currently serving a sentence in the same case.
Supporters Gather Pre-Dawn
Even before daybreak, numerous supporters queued outside the courthouse, eager to witness the proceedings.
Simon Ng, a retired resident and longstanding fan of Apple Daily, shared that he had been waiting since Friday morning. “I want him to know he’s not alone,” Ng expressed. “So many people continue to back him.”
This scene encapsulated the emotional and symbolic significance the case holds for many in Hong Kong and beyond.
Judges Label Lai the “Mastermind”
The court previously identified Lai as the principal figure behind what it termed efforts to solicit foreign pressure against China and Hong Kong.
Charges against Lai include:
Two counts of conspiracy to collude with foreign entities as per the national security law
One count of conspiracy to publish seditious materials under an older colonial law
Lai has maintained his innocence against all allegations.
According to the security law, the collusion charge ranges from three years to life imprisonment, depending on the severity of the offense. The sedition allegation is subject to a maximum of two years.
In their ruling, three judges confirmed that Lai was at the forefront of the conspiracies and had repeatedly called for action from the U.S. and other nations against China, justifying his position based on Hong Kong's situation.
The judges emphasized Lai's enduring intentions even after the national security law was implemented, albeit with a more cautious approach.
They stressed that Lai was not penalized for his political beliefs, but rather for actions deemed harmful to national security.
Defense Emphasizes Free Expression
Lai’s legal team contended that his calls for foreign sanctions occurred before the enactment of the security law, and he ceased such calls thereafter to adhere to the new regulations.
They voiced concerns about violations of free speech and press liberties in this case.
However, the judges countered these claims, asserting that Lai's actions reflected a persistent challenge to the Chinese administration.
In response to international critique, Beijing has defended the Hong Kong judiciary as acting strictly within the law and accused foreign countries of meddling in China's internal matters.
Possibility of Lighter Sentences for Others
While Lai contests the charges, six former Apple Daily executives and two activists have acknowledged their guilt.
Those who pled guilty consist of:
Publisher Cheung Kim-hung
Associate publisher Chan Pui-man
Editor-in-chief Ryan Law
Executive editor-in-chief Lam Man-chung
Writers Fung Wai-kong and Yeung Ching-kee
Activists Andy Li and Chan Tsz-wah
Several of these individuals provided testimony for the prosecution throughout the extensive 156-day trial.
Hong Kong law permits guilty pleas and cooperation with authorities to result in reduced penalties.
Lawyer Priscilla Lam, representing activist Chan Tsz-wah, indicated that the initial sentencing for her client might range between 10 to 15 years but should be halved due to his cooperation, lesser involvement, and family pressures during detention.
Concerns Over Health and Family Hopes
Having spent nearly five years imprisoned, Lai has noticeably lost weight. In August, his legal representatives informed the court of his heart palpitations, although the government later stated medical examinations revealed no severe issues.
Following the verdict, Lai’s daughter Claire mentioned that if her father were released, he would prefer to focus on his family and faith rather than re-engage in political activities.
Global Reaction and Political Dynamics
This case has evolved into a pivotal diplomatic matter.
The U.S. and the U.K. have both condemned the ruling. U.S. President Trump conveyed that he had previously discussed Lai’s situation directly with Chinese President Xi Jinping, advocating for Lai’s release.
British Prime Minister Keir Starmer stated that securing Lai’s freedom is imperative, pointing out his British citizenship.
A Pivotal Moment for Hong Kong's Future
Once celebrated as a hallmark of Hong Kong's free press, Apple Daily ceased operations in 2021 due to police actions and asset seizures.
Lai’s ordeal is increasingly viewed as a critical juncture for the territory's media landscape and political climate, epitomizing the extensive reach of the national security law.