Political prisoner trial developments in Hong Kong this week (22 January - 26 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, previously the largest pro-democracy newspaper in Hong Kong. Mr Lai faces three charges under Hong Kong’s Beijing-imposed National Security Law (NSL) 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.
Developments
This week, Cheung Kim-hung continued to testify against Jimmy Lai. Cheung claimed Mr Lai “spared no efforts” in participating in the anti-extradition movement of 2019, stating how Apple Daily’s editorial policy endorsed reporting on peaceful protesters. Apple Daily’s “Support Student Subscription Plan”, which supported young protesters and tried to attract younger readers, was cited as evidence of Mr Lai rallying behind the anti-extradition demonstrations.
Cheung testified that the English edition of Apple Daily portrayed “a negative image of the Chinese Communist Party, with the hope of securing financial and political support from American readers,” in a weak attempt to provide evidence of Mr Lai’s alleged collusion with foreign forces. Cheung also said Mr Lai tried to “stop the NSL by asking for US sanctions through Apple Daily” after visiting the US in July 2019. This included banning the US from exporting ammunition to Hong Kong in the wake of the 2019 protests.
As Cheung testified against Jimmy Lai, the UK called for Mr Lai’s release at the United Nations’ Universal Periodic Review (UPR) of China. Ahead of the UPR, United Nations experts urged the Hong Kong Government to drop all charges and immediately release Jimmy Lai. The experts include Ms. Alice Jilly Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment of punishment; Ms. Irene Chan, Special Rapporteur on the protection and promotion of freedom of opinion and expression, Ms. Margaret Satterthwaite, Special Rapporteur on the Independence of Judges and Lawyers; and Mr. Clément Nyaletsossi Voule, Special Rapporteur on the rights of freedom of peaceful assembly and of association, all of the Special Procedures of the UN Human Rights Council.
At the same time, the British Parliament held a debate on the future of human rights in Hong Kong, which highlighted Mr Lai’s trial, as well as the fact that at least four British citizens have been named as either ‘co-conspirators’ or ‘collaborators’ in the case. This includes 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, who all met with Foreign, Commonwealth and Development Office Minister for the Indo-Pacific Anne-Marie Trevelyan earlier this week. Hong Kong Watch continues to urge the British Government to issue a public statement condemning the targeting of British citizens in the trial of British citizen Jimmy Lai.
At the start of the trial, 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 Development: Hong Kong court overturns Chow Hang-tung’s acquittal for Tiananmen Square massacre vigil
A Hong Kong court overturned Hong Kong barrister Chow Hang-tung’s acquittal over inciting people to unlawfully participate in a Tiananmen Square massacre vigil in 2021. The court argued that Chow’s acquittal would question the prohibition’s validity in court proceedings, and Judge Johnson Lam said Chow could pursue judicial review rather than acquittal.
However, denying Chow’s acquittal shows the further deterioration of the independence of the judiciary in Hong Kong, where the judicial system is without challenge or standard court procedures under the traditional rule of law.
Chow Hang-tung is the former vice-chairperson of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China. On 4 June 2021, Chow was arrested for allegedly publicising a banned public assembly for the Tiananmen Massacre vigil. On 30 June 2021, Chow was re-arrested for inciting an illegal assembly, which was scheduled to take place on July 1.
In May 2023, Chow and two others were found guilty of not complying with a national security police request for information. Although she is already in prison for related charges, she still faces a charge of subverting state power through the Alliance. If convicted of “inciting subversion of state power,” she faces a potential of 10 years’ imprisonment. Chow’s trial is expected to begin in late 2024.
香港政治犯審訊每週簡報（2024年1月22日至26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。
案件發展
本週，《蘋果日報》母公司壹傳媒前行政總裁張劍虹繼續出庭指證黎智英。張劍虹供稱，黎智英「瞓身」支持2019年「反送中」運動，並說明《蘋果》的編採政策如何支持報導抗爭。控方問及《蘋果》的「撐學生訂閱計劃」，張解釋計劃支持年輕抗爭者，試圖吸引年輕讀者。
張劍虹供稱，黎智英想透過《蘋果》英文版向外國讀者塑造中國共產黨的負面形象，希望獲得美國讀者的經濟和政治支持。他又指，黎在到訪美國後試圖透過《蘋果》要求美國制裁。
張劍虹出庭指證黎智英時，英國在聯合國對中國的普遍定期審議（UPR）上呼籲釋放黎智英。普遍定期審議前夕，四名聯合國專家促請香港政府撤銷對黎智英的所有指控，並立即釋放他。
與此同時，英國國會就香港人權的未來展開辯論，有議員提請關注黎智英案，以及至少四名英國公民被列為案件「共謀者」或「合作者」一事。這些人士包括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，三人較早前曾會見外交、聯邦及發展事務部印太事務國務大臣卓雅敏（Anne-Marie Trevelyan）。香港監察繼續力勸英國政府發表公開聲明，譴責在英國公民黎智英的審訊中針對英國公民的行為。
黎智英開審時否認「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
鄒幸彤煽惑參與六四集會案 終審法院裁定律政司上訴得直