Political prisoner trial developments in Hong Kong this week (12 February - 23 February)
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.
Development 1: Chan Pui-man testifies against Jimmy Lai
Chan Pui-man, Jimmy Lai’s former colleague who is a former associate publisher at Apple Daily, testified against Jimmy Lai this week. She is one of six senior Apple Daily employees who pleaded guilty to conspiring to collude with foreign forces in November 2022, and she will be sentenced after Jimmy Lai’s trial.
In her testimony, Chan described a campaign which Jimmy Lai initiated in the newspaper, urging Hong Kongers to write to US President Donald Trump. Chan also described how Jimmy Lai’s Twitter account was managed, explaining how she sent him regular suggestions, but that he made the final decisions over what to post.
Chan also testified about Jimmy Lai’s “Live Chat with Jimmy Lai” interview series. The online interviews were hosted by Mr Lai, featuring mostly foreign guest speakers with backgrounds ranging from politics, academics, and activism. She said that she and her colleagues raised concerns about this after the National Security Law was passed, but that Mr Lai decided to continue this interview series because he thought, despite the risks, that international attention and pressure was needed.
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.
Development 2: Benedict Rogers testifies in the Canadian Parliament about the trial of Jimmy Lai
Last week, Hong Kong Watch’s co-founder and Chief Executive Benedict Rogers gave evidence at a hearing in the Canadian Parliament about the trial of Jimmy Lai. He reiterated Hong Kong Watch’s call for Mr Lai’s “immediate and unconditional release,” and urged Canada to use its targeted sanctions regime to “exert pressure on those responsible for this travesty of justice, particularly Hong Kong Chief Executive John Lee.”
Speaking to the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development of Canada’s House of Commons, Mr Rogers cited the recent statement by the United Nations Special Rapporteur on Torture, who has expressed serious concerns that Andy Li, due to testify as a witness for the prosecution in Mr Lai’s trial soon, was tortured during his detention in Mainland China, warning against admission of evidence obtained by torture.
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 Developments
Development 1: Chow Hang-tung to serve another 4.5 months in jail
Chow Hang-tung, the activist and former vice-chair of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China – the now-disbanded group that organised the annual Tiananmen Vigil – had her appeal overturned and will be serving the remainder of her sentence in jail.
She was convicted of inciting others to take part in an unauthorised assembly relating to a Tiananmen vigil in 2021 and sentenced to 15 months in jail in 2022. She appealed this sentence, which was dismissed, and will be serving another 4.5 months in jail.
She had previously appealed against the conviction and sentencing, and won in December 2022. The Hong Kong government then challenged her acquittal and the Court of Final Appeal ruled in favour of the government and convicted her. The five-judge panel handed the sentencing appeal back to the High Court to be handled. Chow has been in detention since 2021.
Development 2: Koo Sze-yiu jailed for 9 months
Koo Sze-yiu, a veteran Hong Kong activist, has been sentenced to 9 months in jail for planning to protest against the overhauled District Council race last December.
He was convicted of “attempting or preparing to do an act with a seditious intention” which falls under the sedition law. He wanted to protest the District Council elections because opposition candidates were barred from running. You can read more about this in the Hong Kong Watch Briefing on Electoral Reforms and the Erosion of Democracy in Hong Kong.
Koo had planned to take a home-made coffin to the Registration and Electoral Office last December, which had Chinese-language protest slogans that read “One Country, Two Systems to the funeral parlour” and “Love the country and the party to get a seat.”
Development 3: Court of Final Appeal upholds acquittal of seven democrats
Today, the Hong Kong Court of Final Appeal dismissed the prosecution’s application to challenge the acquittal of media tycoon Jimmy Lai and veteran democrat Martin Lee, and ex-lawmakers Lee Cheuk-yan, Margaret Ng, Leung Kwok-hung, Cyd Ho, and Albert Ho.
The seven democrats were seen leading a march on August 18, 2019, which an estimated 1.7 million people attended. It was a march that was a part of months-long protests against a controversial extradition bill. The seven were charged with organising an unauthorised assembly.
They were found guilty for both organising and knowingly participating in an unauthorised assembly after a trial in April 2021. Five of the seven were given jail terms of up to 18 months while Martin Lee, Albert Ho, and Margaret Ng received suspended sentences.
However, the Court of Appeal in August last year overturned the conviction, stating that standing in the front rows of a march did not amount to organising it.
香港政治犯審訊每週簡報（2024年2月12日至23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。
發展1：陳沛敏繼續出庭指證黎智英
第二名控方證人、前《蘋果》副社長陳沛敏本週繼續出庭指證黎智英。
陳供稱不認同黎以《蘋果》名義發起「一人一信救香港」行動，惟黎堅持。就黎開設Twitter帳戶事宜，陳確認按黎要求每日提供新聞熱話建議，但並沒參與發帖。
此外，陳供稱《國安法》生效後，黎繼續主持「Live Chat with Jimmy Lai」節目，邀請外國嘉賓對談，因仍然覺得國際壓力有用。她指有同事向黎反映憂慮，惟黎繼續做節目。
發展2：羅傑斯就黎智英案向加拿大國會作證
上週，香港監察共同創辦人兼行政總監羅傑斯（Benedict Rogers）出席加拿大國會聽證會，就黎智英案作證。他重申香港監察「立即無條件釋放黎智英」的呼籲，並促請加拿大利用其點名制裁制度，「向嘲弄司法公義的人施加壓力，尤其是香港特首李家超。」
羅傑斯向加拿大眾議院外交及國際發展常務委員會國際人權小組委員會（Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development）作證，期間援引聯合國酷刑特別報告員近期發表的聲明。特別報告員就即將在黎智英案中出庭作證的控方證人李宇軒在中國大陸被拘留期間遭受酷刑表達嚴重關注，並告誡不要承認透過酷刑所得的證據。
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
事件1：鄒幸彤六四煽惑集結案刑期上訴被駁回 維持判囚15個月 尚餘4個半月刑期
事件2：古思堯擬區選前「抬棺」抗議 企圖煽動罪成被判囚9個月
事件3：8.18流水式集會案終院駁回律政司上訴申請 黎智英等7人「組織集結」獲撤罪