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The Dismantling of Legal Authority in Hong Kong

The Dismantling of Legal Authority in Hong Kong

Jimmy Lai Found Guilty in Hong Kong Under National Security Law

Hong Kong’s High Court has ruled against Jimmy Lai, the owner of the pro-democracy newspaper Apple Daily and other journalism platforms, on multiple counts of violating the national security law enacted by China in 2020. This law aimed to stifle dissent in the region.

Lai, who is 78 years old, may face at least 10 years in prison for each offense.

The extensive 855-page ruling described Lai’s involvement in the peaceful anti-communist protests in 2019 as part of a “seditious” scheme to weaken the Chinese Communist Party. Under the “one country, two systems” framework, the laws of the Communist Party technically shouldn’t apply to Hong Kong, which has historically been a capitalist hub following British rule. However, in response to the protests, the government introduced the national security law, which effectively dismantled that framework by threatening to imprison or expel dissidents.

According to China’s state-run Global Times, Lai was convicted on two counts of collusion with foreign forces and one count of conspiracy to publish seditious material. The national security law introduced several new crimes aimed at silencing pro-democracy advocates, including incitement to secession and promotion of foreign interference. The minimum sentence for these convictions stands at ten years.

The indictment claimed that between April 2019 and June 2021, Lai and several former senior executives of Apple Daily collaborated to disseminate inflammatory publications and solicited foreign entities to support sanctions against Hong Kong and China.

Particular focus was placed on Lai’s meetings with then-U.S. officials, including Vice President Mike Pence and Secretary of State Mike Pompeo, presenting this as evidence of foreign collusion.

This marks Hong Kong’s first guilty verdict in a case claiming “collusion with foreign forces,” and the court sentenced Lai to the maximum penalty of life imprisonment.

Lai, a prominent figure during the anti-communist protests in 2019, has been an outspoken advocate for preserving the region’s freedoms. He famously stated that fleeing would mean abandoning not just his future but also his faith and beliefs.

Human rights organizations have condemned the ruling, viewing it as a significant blow to the liberties that once defined Hong Kong.

“The decision by three judges operating under the national security framework is a distortion of justice that underscores the ongoing dismantling of Hong Kong’s legal system,” a Chinese human rights organization expressed in a statement.

They also claimed the assertion that Lai “masterminded” a conspiracy is merely political rhetoric aimed at stifling dissent. They called for the international community to reject the ruling and demand Lai’s immediate release.

Cardinal Joseph Zen, an outspoken critic of the Communist Party, was present with Lai’s family during the sentencing.

Following the verdict, Lai’s family urged the global community, particularly the UK, to take action to help him, emphasizing his British citizenship.

“How can you expect things to improve for a 78-year-old in such poor health if he can’t even be allowed to leave?” questioned his son Sebastian at a press conference, highlighting the deteriorating relations between the UK and China.

British Prime Minister Keir Starmer plans to visit China in January, while Foreign Secretary Yvette Cooper condemned Lai’s conviction and reiterated claims of his innocence.

In her statement, she said, “Jimmy Lai is being persecuted by the Chinese and Hong Kong governments for peacefully exercising his right to free expression. The UK has consistently called for the repeal of the national security law and for an end to prosecutions under it.”

The protests in 2019 were a response to the Chinese Communist Party’s attempts to undermine the “one country, two systems” policy, leading to massive demonstrations that, at their peak, engaged two million participants from a population of seven million. The Chinese government responded with violent crackdowns and the enforcement of the national security law, effectively nullifying the previous understanding.

Lai’s trial commenced in 2023, and the Chinese Ministry of Foreign Affairs had preemptively declared him guilty before any evidence was presented.

The Ministry spokesperson labeled Lai as a key figure in the “anti-China riots” in Hong Kong, portraying him as a mere instrument of external forces.

In the aftermath of the conviction, the Foreign Ministry celebrated Lai’s imprisonment, dismissing accusations of judicial misconduct as baseless.

“China firmly rejects criticisms from other nations regarding Hong Kong’s legal proceedings and insists these matters are internal affairs,” said spokesperson Guo Jia-kun.

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