Hong Kong media tycoon Jimmy Lai loses bid to terminate national security trial

Hong Kong media tycoon Jimmy Lai loses bid to terminate national security trial

May 29, 2023 - 17:30
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Hong Kong media tycoon Jimmy Lai loses bid to terminate national security trial

A Hong Kong Court denied an attempt to dismiss a historic national security prosecution against media mogul Jimmy Lai, which could send him in prison for the rest of his life if he is convicted.

Jimmy Lai, 75, is the creator of the now-defunct pro-democracy daily Apple Daily and a leading opponent of China’s Communist Party leadership, notably President Xi Jinping.

Lai and his three enterprises, Apple Daily Limited, Apple Daily Printing Limited, and AD Internet Limited, were charged with three counts of national security legislation violations, including coordination with foreign forces.

After months of anti-government protests, Beijing implemented the national security law on Hong Kong in 2020. Subversion, coordination with foreign forces, and terrorism are all punishable by life in prison under the legislation.

Lai is also accused with conspiracy to produce seditious periodicals in connection with Apple Daily, which stopped in June 2021 after police detained its personnel and authorities seized its assets. Sedition is punished by up to two years in prison.

Lai has pled not guilty and has been detained for more than two years. His trial is set to start in September.

Lai’s lawyer Robert Pang applied to terminate the proceedings arguing that there is an apparent bias against Lai by the court due to a lack of transparency in the appointment of national security judges by Hong Kong’s Chief Executive John Lee.

“If there is any question about the independence and impartiality of the court… that cannot be allowed,” said Pang.

Pang also argued that blocking Lai’s British lawyer Timothy Owen from representing him in the trial is “persecution not prosecution.”

Dismissing Lai’s challenge, High Court judges Esther Toh, Susana D’Almada Remedios and Alex Lee, argued that they were appointed as national security judges by the chief executive upon the recommendation of the Judicial Officers Recommendation Commission, an independent advisory body that consists of the Chief Justice and other members.

The security law gives the power of the Chief Executive to select a panel of judges who can hear national security cases.

The High Court last Friday dismissed an attempt by Lai to challenge a decision by security officials to effectively bar Owen from representing him in the trial.

The use of foreign lawyers by both prosecutors and defence has long been allowed in the former British colony as part of its rule of law traditions.

Lai was jailed for five years and nine months last December on a fraud charge.

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