Political prisoner trial developments in Hong Kong this week (29 January - 2 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, 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, the United Nations Special Rapporteur on torture, Alice Jill Edwards, wrote to the Government of the People’s Republic of China, to address claims that evidence in Jimmy Lai’s trial from key prosecution witness Andy Li had been obtained through torture. Ms Edwards wrote, “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.” Mr Li was allegedly subjected to torture while in a Shenzhen prison from 2020 to 2021, including alleged subject to restraint chairs (tiger chairs) to force confessions.

In Hong Kong, a video clip was shown in court of a speech given by Mr Lai on the 25th anniversary of Apple Daily in June 2020, in which he told the staff that after the imposition of the National Security Law, “I only ask for one thing… Hold on to your conscience, your conscience towards society. I won’t tell you how to do it… Apple Daily has come this far today all because of you”. The defence argued that Apple Daily operated by the collaboration of employees with the same core values, but prosecution witness and former Apple Daily employee Cheung Kim-hung reiterated that Apple Daily operated according to Mr Lai’s guidance.

The defence also argued that Mr Cheung wanted to become a prosecution witness in the case of Jimmy Lai after being denied bail and meeting with a police officer for six hours while in detention in November 2021. Mr Cheung denied that he was persuaded by the police officer while in detention, claiming that he later decided to become a prosecution witness. 

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.

香港政治犯審訊每週簡報（2024年1月29日至2月2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，聯合國酷刑特別報告員Alice Jill Edwards致函中國政府，就黎智英案中關鍵控方證人李宇軒疑被嚴刑逼供提出質詢。李宇軒據報於2020年至2021年在深圳監獄被拘留期間遭受酷刑，可能情況包括遭受固定式約束椅（老虎凳）逼供。

香港庭上播放黎智英在2020年6月《蘋果》25週年報慶上發言的片段，黎在片中向員工表示《國安法》生效後，「我只係要求一樣嘢⋯⋯你哋攞住對自己嘅良知、對社會嘅良知，我唔會叫你哋點樣去做⋯⋯《蘋果日報》到今日做到咁樣，係你哋造成嘅，唔關我事！」辯方稱，黎智英意指《蘋果》是靠具備相同核心價值的員工上下合作來運作，但控方證人、時任《蘋果》社長張劍虹不同意，重申《蘋果》按黎的指導運作。

辯方又指，張劍虹在2021年11月申請保釋被拒，還押期間曾與警員會面6小時，之後才表達想成為控方證人。張否認還押期間被警方游說，稱他後來才決定擔任控方證人。

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。