Political prisoner trial developments in Hong Kong this week (8 January - 12 January)
Trial of Jimmy Lai
The long-anticipated trial of Jimmy Lai opened on Monday 18 December 2023. Jimmy Lai is a British citizen who founded the now-defunct newspaper Apple Daily, the largest pro-democracy newspaper in Hong Kong. Mr Lai faces three charges under Hong Kong’s Beijing-imposed National Security Law which carries a maximum punishment of life in prison, and one charge for “conspiracy to publish seditious publications” under the colonial-era sedition law. A long-time critic of the Chinese Communist Party, Mr Lai is one of the most high-profile pro-democracy activists who has been arrested under the NSL.
This week, the number of prosecution witnesses in Mr Lai’s case dropped from 60 at the start of the trial to 14, without explanation. This is highly unusual, even for NSL cases, and raises further concerns surrounding the fairness and the politicisation of the trial.
British Prime Minister Rishi Sunak also sent a letter to Lord Patten of Barnes, responding to a letter from Hong Kong Watch Patrons, including the last Governor of Hong Kong Lord Patten of Barnes, the former Foreign Secretary Sir Malcolm Rifkind, Lord Alton of Liverpool, Baroness Kennedy of The Shaws, KC, Sir Geoffrey Nice, KC and MPs Fiona Bruce (Conservative), Sarah Champion (Labour) and Alistair Carmichael (Liberal Democrat). For the first time, the Prime Minister publicly recognised the case of Jimmy Lai, and affirmed that Mr Lai’s case remains a priority for the UK Government.
Last week, during proceedings, the prosecution named several foreign politicians and human rights advocates with whom Mr Lai had been in contact with over recent years, and showed headshots of some of them. Among them are three British citizens: Hong Kong Watch’s co-founder and Chief Executive Benedict Rogers, the Executive Director of the Inter-Parliamentary Alliance on China (IPAC) Luke de Pulford, and Bill Browder, a human rights campaigner who pioneered the introduction of Magnitsky sanctions worldwide.
In response, six Hong Kong Watch Patrons, including former UK Foreign Secretary Sir Malcolm Rifkind KC, Baroness Kennedy of The Shaws KC, Lord Alton of Liverpool, Sarah Champion MP, Alistair Carmichael MP and Sir Geoffrey Nice KC, wrote a letter to British Foreign Secretary Lord Cameron urging him to issue a public statement on the Hong Kong Government targeting these British citizens. They also called for the UK Government to implement Magnitsky-style sanctions on Hong Kong Chief Executive John Lee, including asset freezes and a travel ban.
At the start of January, Mr Lai pleaded not guilty to conspiring to collude with foreign forces and publishing allegedly seditious materials in his trial under Hong Kong’s National Security Law. Mr Lai’s trial is expected to last 80 days. The latest developments can be found on the Hong Kong Watch website.
Other Developments
Development 1: Hong Kong national security police target families of overseas activists Simon Cheng, Frances Hui and Agnes Chow
This week, the Hong Kong national security police raided the home of Simon Cheng Man-kit’s parents and sisters and took them away for questioning. The police asked whether they were in contact with Mr Cheng or had offered him financial support. They were later released without arrest.
Simon Cheng, 33, was issued an arrest warrant with a HK$1 million bounty last month for alleged incitement to secession and collusion between August 2020 and June 2022. Mr Cheng is based in the UK and founded Hongkongers in Britain, the largest UK-wide Hong Kong diaspora organisation. He received asylum from the UK in 2020.
The targeting of Mr Cheng’s family members also follows the questioning of activist Agnes Chow-ting’s family members two weeks ago, after she publicly announced that she had fled to Canada for study and would therefore not complete her bail conditions. In December 2023, the Hong Kong national security police also searched the family home and questioned the mother of US-based activist Frances Hui, who also received an arrest warrant with a HK$1 million bounty.
Since July 2023, the Hong Kong authorities have issued arrest warrants and bounties for 13 overseas Hong Kongers who now live and advocate for democracy in the UK, US and Australia: Simon Cheng, Joey Siu, Frances Hui, Johnny Fok, Tony Choi, Nathan Law, Dennis Kwok, Ted Hui, Kevin Yam, Anna Kwok, Finn Lau, Elmer Yuen, and Christopher Mung.
Hong Kong Watch has repeatedly condemned these arrest warrants and bounties, as well as the targeting of the activists’ family members in Hong Kong. In December 2023, Hong Kong Watch led a joint statement condemning this, which was signed by over 80 Hong Kong civil society and human rights organisations around the world.
Development 2: Hong Kong man arrested for wearing allegedly seditious shirt with protest slogan
On Wednesday, 26-year-old Chu Kai-poon was sentenced to three months in jail under the colonial-era sedition law for wearing an allegedly seditious shirt with the protest slogan “Liberate Hong Kong, revolution of our times” in the airport. Appearing at the West Kowloon Law Courts Building on Wednesday, Mr Chu pleaded guilty after wearing the shirt in public and the police found three flags with the same slogan in his possession.
Chief Magistrate Victor So, a designated national security judge, said Mr Chu’s offence was less serious than other sedition cases as it involved a few items in a relatively short time period. Mr Chu was remanded in custody after first appearing at a Hong Kong court on 30 November 2023.
Mr Chu’s case demonstrates the increasing crackdown on the rule of law in Hong Kong, as Mr Chu is now in jail for simply wearing an article of clothing of his choice for a reported five hours and 23 minutes.
香港政治犯審訊每週簡報（2024年1月8日至12日）
黎智英案
黎智英的《國家安全法》案件經數度延期後，終於在2023年12月18日開審。黎智英是英國公民，創辦了香港最大型民主派報紙《蘋果日報》，《蘋果》現已停運。他被控三項《國安法》控罪，最高可判處終身監禁，另被控一項殖民時代煽動法下的「串謀發布煽動刊物」罪。黎智英長期批評中國共產黨，是因《國安法》被捕而備受關注的社運人士之一。
本週，黎智英案的控方證人人數在沒有任何解釋的情況下，從開審時的60人減至14人。即使以國安案而言，這種情況也極不尋常，引發外界對審訊公平性和政治化的進一步憂慮。
另外，英國首相辛偉誠（Rishi Sunak）致函彭定康勳爵（Lord Patten of Barnes），回覆香港監察贊助人的聯署信。聯署香港監察贊助人包括前香港總督彭定康勳爵、前外交大臣聶偉敬爵士（Sir Malcolm Rifkind）、奧爾頓勳爵（Lord Alton of Liverpool）、御用大律師肯尼迪女男爵（Baroness Kennedy of The Shaws）、御用大律師尼斯爵士（Sir Geoffrey Nice）、保守黨國會議員Fiona Bruce、工黨國會議員柴萍恩（Sarah Champion）和自由民主黨國會議員甘文康（Alistair Carmichael）。這是英國首相首度公開談及黎智英的案件，並聲明黎智英案仍將是本屆政府的優先事項。
上週，控方在宣讀開案陳詞期間點出黎智英近年聯絡過的數名外國政治人物和人權倡議人士的名字，並展示頭像。被點名人士包括三名英國公民：香港監察共同創辦人兼行政總監羅傑斯（Benedict Rogers）、對華政策跨國議會聯盟（IPAC）執行總監裴倫德（Luke de Pulford）和率先在全球推動馬格尼茨基制裁的人權倡議者Bill Browder。
六名香港監察贊助人，包括前英國外交大臣聶偉敬爵士、御用大律師肯尼迪女男爵、奧爾頓勳爵、國會議員柴萍恩、國會議員甘文康和御用大律師尼斯爵士，就事件聯署致函英國外相甘民樂勳爵（Lord Cameron of Chipping Norton），促請他就香港政府針對上述英國公民發表公開聲明。他們同時呼籲英國政府對香港行政長官李家超施行馬格尼茨基式制裁，包括資產凍結和旅遊禁令。
一月初，黎智英否認「串謀勾結外國勢力」及「串謀發布煽動刊物」等控罪。黎智英案預計審期為80日，香港監察網站載有案件的最新發展。
其他事件
事件1：國安處向海外社運人士鄭文傑、許穎婷、周庭家人問話
事件2：機場穿「光時」上衣男子認煽動罪 被判囚三個月