Janice R. Andrews
Hong Kong media mogul Jimmy Lai defended himself in his national security trial, asserting that urging international voices to support the city’s pro-democracy movement does not equate to foreign interference.
The 76-year-old founder of the now-defunct Apple Daily faces two charges of conspiracy to collude with foreign forces under Hong Kong’s national security law and an additional charge of conspiring to publish “seditious” materials under a colonial-era statute. If convicted, Lai could face a life sentence.
The Allegations Against Lai
Lai’s trial focuses on accusations that he sought foreign interference through Apple Daily’s English-language platform and other initiatives. Prosecutors claim he encouraged foreign governments to undermine Hong Kong’s national security, citing his communications, opinion pieces, and internal meetings.
His defense, led by lawyer Steven Kwan, argued that Lai’s efforts were aimed at raising global awareness about Hong Kong’s challenges, not soliciting interference.
Apple Daily’s English Edition: A Tool for Advocacy
During cross-examination, Kwan referred to WhatsApp messages exchanged in May 2020 between Lai and his aide, Mark Simon. In these conversations, Lai outlined plans to launch an English version of Apple Daily. He described it as a way to garner international support for Hong Kong’s pro-democracy movement, which he believed would also provide “political protection” for the city and financial backing for the publication.
Lai explained that the English edition aimed to inform global audiences about Hong Kong’s plight, encouraging them to voice support. He believed that such expressions of solidarity might prompt foreign governments to engage with Chinese authorities over the city’s issues.
“I just want people to notice, to take notice of what we are under,” Lai testified. When asked if this constituted foreign interference, he responded, “If you think [foreign voices speaking for us] is interference, that may be so—but I don’t think voicing out for us is… interference.”
Examining Lai’s Op-Eds
Friday marked the 95th day of Lai’s trial, which has surpassed its initially scheduled 90-day duration. In the morning, the court adjourned to allow Lai time to review several opinion pieces he wrote for Apple Daily between late 2019 and mid-2020. These articles expressed strong support for the pro-democracy movement and criticized government policies.
In the afternoon session, Kwan questioned Lai about the content of these articles, countering prosecution claims that the writings were meant to incite violence. Lai consistently denied the allegations.
One op-ed referred to education as a battleground for “future resistance” and urged peaceful and “valiant” protesters to unite. When asked if he was inciting violence, Lai stated, “Even [a] demonstration is resistance. The whole movement is a resistance.”
Quoting Winston Churchill: A Call for Nonviolence
In another op-ed published in March 2020, Lai quoted a famous speech by Winston Churchill, which the prosecution argued was a call for violent resistance. Lai rejected this interpretation, explaining that the quote was used to inspire hope and resilience.
“There’s no war here. I was using this to encourage people to save themselves,” Lai said. He reiterated that he was advocating for peaceful resistance to what he described as “China’s encroachment on our freedom.”
Context of Lai’s Trial
Lai’s trial, which began in December 2023, is being heard by three judges appointed by Hong Kong’s chief executive under special national security provisions, bypassing the city’s traditional jury system. This arrangement reflects the broader changes introduced by Beijing’s national security law, which was enacted in June 2020 following months of pro-democracy protests.
The law criminalizes acts of subversion, secession, collusion with foreign forces, and terrorism, with definitions broad enough to include activities like disrupting public infrastructure. Its implementation has led to mass arrests, the closure of media outlets, and the dissolution of civil society groups, with Beijing asserting that the measures have restored stability.
The Erosion of Press Freedom
Lai’s trial also highlights the steep decline in press freedom in Hong Kong. Once a prominent voice in the city’s media landscape, Apple Daily was forced to shut down in 2021 after authorities froze its assets and arrested top executives.
International observers and human rights groups view Lai’s case as a significant test of the city’s commitment to freedom of expression and rule of law under China’s growing influence.
Upcoming Developments
The defense’s cross-examination of Lai is expected to continue for 15 days, with future sessions focusing on his Twitter activity, editorial meetings at Apple Daily, and his broader role in directing the publication’s policies. Lai has previously stated that he generally avoided interfering in the newsroom’s day-to-day operations.
The outcome of this trial will likely have far-reaching implications, not just for Lai but also for the future of journalism and democratic values in Hong Kong.
Conclusion
Jimmy Lai’s defense underscores his conviction that advocating for international support of Hong Kong’s democracy does not constitute foreign interference. He frames his actions as an effort to raise global awareness and foster peaceful resistance to authoritarian encroachment.
As the trial progresses, it will determine Lai’s fate while serving as a barometer for the state of civil liberties in Hong Kong—a city once renowned for its press freedom and legal independence.
