Political prisoner trial developments in Hong Kong this week (11 March - 15 March)
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, begins to testify against Jimmy Lai
This week, key prosecution witness Andy Li began to testify against Jimmy Lai. There was public outcry around the world as Mr Li took the stand, following claims that evidence from Mr Li had been obtained through torture while in a Shenzhen prison from 2020 to 2021, including alleged 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.”
During his testimony, Andy Li discussed his involvement in the creation of a global advertising campaign, alongside Chan Tsz-wah, to bring “eye-catching protest scenes” from Hong Kong to the attention of the international stage during the G20 summit in Japan in 2019. This included launching a crowdfunding campaign which raised seven million dollars to publish these advertisements in newspapers around the world. The court heard that two companies linked to Jimmy Lai supported the global advertising campaign during the unrest of 2019.
Andy Li was a pro-democracy activist prior to Beijing imposing the National Security Law on Hong Kong in 2020. In August 2020, Mr Li was one of 12 Hong Kongers who tried to flee to Taiwan by speedboat, but were 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.
Yeung Ching-kee continues to testify against Jimmy Lai
Yeung Ching-kee, former chief editor of Apple Daily, continued to testify against Jimmy Lai. During his testimony, Mr Yeung said that Apple Daily’s radical political stance in opposition to the Hong Kong and Beijing authorities was well-known. He cited a conversation between Mr Lai and former US Vice President Mike Pence at the Hudson Institute in Washington, DC in which Mr Lai referred to the relative weakening of Xi Jinping and changing US policy towards China as the time to be “kicking China when it’s down.”
Mr Yeung also shared Mr Lai’s proposal to invite Jasper Tsang Yok-sing, founding Chairman of the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB), as well as Executive Council member Joseph Yam Chi-kwong and former Financial Secretary John Tsang Chun-wah to write for Apple Daily.
Since the start of his national security trial, Jimmy Lai has pleaded not guilty and encouraged his former colleagues to testify against him, so that they have reduced sentences.
Other Developments
Development 1: Hong Kong Legislative Council continues to swiftly review Article 23 legislation
Since the Hong Kong government introduced the text of the Safeguarding National Security Bill to the Hong Kong Legislative Council last Friday, the Legislative Council has completed the initial review of the Bill and is quickly working through its second reading and proposed amendments.
The Bill, which is implemented under Article 23 of the Basic Law of Hong Kong Kong, is set to prohibit seven types of activities which the government intends to declare ‘offences’, and has vague proposed provisions and will criminalise the peaceful exercise of civil and political rights and likely lead to an increase in the number of political imprisonments in Hong Kong. Article 23 will bring further devastating consequences for human rights and freedoms in Hong Kong, beyond the impact of the National Security Law imposed by Beijing in 2020.
The proposed amendments include the imposition of stricter measures against those who have fled from the repression of the Hong Kong authorities, referred to as “absconders”, and the creation of a pathway to allow the Hong Kong Chief Executive to draft subsidiary legislation. These amendments pose major concerns in addition to the Bill’s restrictions which can ban an arrestee from speaking to a lawyer of their choice, extend detention without charge for up to seven days, apply more severe penalties for pro-democracy activists abroad, and prevent individuals from keeping allegedly seditious publications such as Apple Daily in their homes.
This week, Hong Kong Watch led 16 international experts in expressing “profound and grave concerns” about the implications of the new security law on freedom of religion or belief in Hong Kong, in particular the confidentiality of the Sacrament of Penance (otherwise known as the Sacrament of Reconciliation or “Confession”) in the Catholic Church. The Hong Kong government responded to our joint statement, expressing its “strongest condemnation.” The Hong Kong government also condemned an editorial related to the implications of the proposed security law in The Times, while Beijing slammed a similar editorial in The Washington Post.
Hong Kong Watch continues to warn the international community about the proposed Article 23 legislation, and urges the Hong Kong government to genuinely consider our submission as well as others from the public consultation period and amend the Bill to align with Hong Kong’s obligations under international law.
Development 2: Hong Kong court upholds conviction over Tiananmen vigil organisers’ national security data request
A Hong Kong court upheld the convictions of Chow Hang-tung, Tsui Hon-kwong and Tang Ngok-kwan over their refusal to respond to a national security police data request regarding the personal information of staff and standing committee members of the now disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China. The three activists were jailed for these convictions for four and a half months in March 2023.
During the appeal hearing in December 2023, the activists argued that their organisation was not a foreign agent and therefore did not need to comply with the data request. However, High Court Judge Anna Lai agreed with the lower court ruling that the prosecution “need not prove the person or organisation is as a fact a foreign agent.” Her judgement stated, “One cannot lose sight of the basic fact that the office is one of failing to comply with the Notice as required.”
After receiving sentences in March 2023, the activists were granted bail pending appeal if they agreed to not make speeches or conduct interviews that may endanger national security. Chow rejected bail on these terms “on grounds of freedom of expression.”
香港政治犯審訊每週簡報（2024年3月11日至15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。
「12港人」之一李宇軒開始出庭作供
本週，關鍵控方證人、「12港人」之一李宇軒開始出庭指證黎智英。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，因此他出庭作供時引起公眾強烈抗議。
李供稱，2019年6月下旬在日本舉行的二十國集團（G20）峰會前夕，他與同案被告陳梓華商討全球登報計劃，希望將香港「引人注目的示威場面」帶到國際舞台，引起國際關注。
楊清奇繼續出庭作供
第三名控方證人、前《蘋果》主筆楊清奇繼續出庭指證黎智英。楊供稱，反修例運動期間，《蘋果》立場激進乃「眾所周知」。他指黎於2018年聽時任美國副總統彭斯（Mike Pence）在哈德遜研究所（Hudson Institute）演講後，向他發訊息稱美國趁習近平比較弱勢調整對華政策，時機正好。
黎智英開審時否認全部控罪。
其他事件
事件1：立法會繼續火速審議23條立法草案 香港監察帶領16名國際專家回應23條對宗教自由威脅
事件2：支聯會拒交資料案鄒幸彤等三人上訴被駁回 維持原判監禁4個半月