Political prisoner trial developments in Hong Kong this week (8 April - 12 April)
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 (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 have been arrested under the NSL.
Andy Li, who faced alleged torture, continues to testify in the trial of Jimmy Lai
Key prosecution witness Andy Li continued to testify in the trial of Jimmy Lai, where Mr Li confirmed that he has never met or spoken to Jimmy Lai. The prosecutor questioned Mr Li’s involvement in the Inter-Parliamentary Alliance on China (IPAC), which is a network of parliamentarians around the world on China-related issues. Mr Li confirmed that he attended an IPAC meeting in July 2020, when IPAC encouraged members from various countries to request that their governments suspend extradition agreements with Hong Kong and China following the imposition of the 2020 National Security Law.
The prosecution also questioned Mr Li’s involvement in ‘Fight For Freedom. Stand With Hong Kong.’ (SWHK), which Mr Li said represents the Hong Kong people without a leadership structure, so that all Hong Kongers can openly share their opinions. The defence again questioned SWHK’s crowdfunding activities, including those for a global advertising campaign to bring “eye-catching protest scenes” from Hong Kong to the attention of the international stage during the G20 summit in Japan in 2019.
Andy Li testified to messages between himself and paralegal Chan Tsz-wah, who pleaded guilty with Mr Li for conspiring with Jimmy Lai in August 2021, regarding plans to leave Hong Kong and to form a government-in-exile. Mr Li shared that they discussed the need to “prop up a ‘public figure’ to bring momentum” to the Hong Kong pro-democracy movement.
When Andy Li took the stand on 13 March 2024, there was an international outcry following claims that evidence from Mr Li had been obtained through torture while in a Shenzhen prison from 2020 to 2021, including being allegedly subject to restraint chairs (tiger chairs) to force confessions. On 31 January 2024, the United Nations Special Rapporteur on torture Dr Alice Jill Edwards wrote to the Government of the People’s Republic of China to address these claims, stating, “I am deeply concerned that evidence that is expected to be presented against Jimmy Lai imminently, may have been obtained as a result of torture or other unlawful treatment. An investigation into these allegations must be conducted immediately, before any evidence is admitted into these present proceedings.”
Andy Li is a pro-democracy activist who tried to flee to Taiwan by speedboat after the imposition of the National Security Law in August 2020, but was intercepted by the authorities and taken to mainland China. Following trials in mainland China, Mr Li was convicted under the National Security Law and returned to Hong Kong. Mr Li is expected to receive his sentence following the conclusion of Mr Lai’s trial.
Other Developments
Development 1: First dual national convicted under Hong Kong’s National Security Law
Joseph John, also known as Wong Kin-chung, became the first European and Hong Kong dual national to be convicted under the National Security Law in Hong Kong. Mr John is a Portuguese citizen. Appearing before District Judge Ernest Lin, Mr John was sentenced to 60 months in jail for alleged incitement to secession for managing the Hong Kong Independence Party’s social media accounts between July 2020 and November 2022.
Mr John indicated his intention to plead guilty to conspiring to incite secession in November 2023 after being remanded in custody for more than one year. In March 2023, Mr John’s initial charge for sedition was upgraded to conspiracy to incite secession which carries penalties for up to 10 years’ rather than two years’ imprisonment. His initial charge sheet included “publishing, making available and/or continuing to make available statements and photos on Facebook, Internet website[s], Twitter, Instagram and Telegram”.
Hong Kong Watch condemned the conviction of Mr John, which signals that dual and foreign nationals are at serious risk of imprisonment in Hong Kong under the NSL. This case carries implications for the national security trial of British citizen Jimmy Lai, who is on day 59 of his national security trial for owning the now-defunct newspaper Apple Daily, the largest pro-democracy newspaper in Hong Kong, and participating in pro-democracy activities.
Development 2: Hong Kong Watch Patrons urge UK Foreign Secretary to take action in response to passage of Article 23
Hong Kong Watch Patrons, including the last Governor of Hong Kong Lord Patten of Barnes, former Foreign Secretary Sir Malcolm Rifkind, KC, Lord Alton of Liverpool, Alistair Carmichael MP, Baroness Kennedy of The Shaws, KC, and Sir Geoffrey Nice, KC wrote to British Foreign Secretary Lord Cameron, urging him to declare the enactment of the Safeguarding National Security Bill in Hong Kong as a breach of both the Sino-British Joint Declaration and international law; impose targeted sanctions to ensure accountability; and implement measures to protect the safety and well-being of the more than 160,000 Hong Kongers in the UK.
The Safeguarding National Security Bill, which is implemented under ‘Article 23’ of the Basic Law of Hong Kong, prohibits seven types of activities which the government intends to declare ‘offences’, and has vague provisions which will criminalise the peaceful exercise of civil and political rights. The new legislation will likely lead to an increase in the number of political imprisonments in Hong Kong, bringing further devastating consequences for human rights and freedoms beyond the impact of the 2020 National Security Law.
Hong Kong Watch continues to warn the international community about the implications of the new Article 23 legislation. Following the passage of Article 23, Hong Kong Watch led an international coalition of 90 parliamentarians and public figures in issuing a joint statement calling for supportive governments to unite against this “flagrant breach of the Basic Law of Hong Kong, the Sino-British Joint Declaration, and international human rights law.”
香港政治犯審訊每週簡報（2024年4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「串謀勾結外國勢力」等三項《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。
疑遭嚴刑逼供李宇軒繼續出庭作供
關鍵控方證人、「12港人」之一李宇軒繼續出庭作供。李在辯方盤問下確認，從沒與黎智英見面或通訊。控方問到李涉及「對華政策跨國議會聯盟」（Inter-Parliamentary Alliance on China，簡稱IPAC）的事宜。李確認，2020年7月曾列席IPAC會議，當時IPAC各國成員討論要求所屬政府暫停與香港和中國的引渡協議。
控方圍繞李與本案另一認罪被告、律師助理陳梓華的訊息提問。李供稱，曾與陳討論推舉「枱面人」為運動帶來推動力，離港成立流亡政府。
早前有指李於2020年至2021年在深圳監獄拘留期間被嚴刑逼供，因此他首日出庭作供時引起公眾強烈抗議。
其他事件
事件1：首名雙重國籍人士因國安法被判刑
事件2：香港監察贊助人聯署促請英外相採取行動回應23條通過