Political prisoner trial developments in Hong Kong this week (22 April - 26 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. 

Chan Tsz-Wah continues to testify in the trial of Jimmy Lai

Following the testimony of key prosecution witness Andy Li, Chan Tsz-wah took the stand to testify against Jimmy Lai. Mr Chan is a paralegal who pleaded guilty with Andy Li for allegedly conspiring with Jimmy Lai regarding plans to leave Hong Kong, to impose sanctions on China and Hong Kong, and to form a government-in-exile. Mr Chan is a former member of the civil society organisation ‘Fight for Freedom. Stand with Hong Kong.’ (SWHK), and is currently remanded in custody.

During Mr Chan’s testimony, messages between Mr Chan and Mr Lai regarding Mr Lai being cautious about his personal safety in anticipation of the imposition of the National Security Law in June 2020 were presented as evidence. Mr Lai stated, “We may not win, but we must persist,” referring to carrying out peaceful pro-democracy activities in defence of the internationally-guaranteed rights and freedoms of Hong Kongers. Mr Lai also referred to the NSL as “all bark and no bite” and confirmed his commitment to raising awareness of the alarming human rights situation in Hong Kong as well as calling for sanctions on the Hong Kong officials responsible around the world. 

Messages between Mr Chan and Mr Li were used as evidence, including messages of Mr Chan advising Mr Li to continue his international lobbying activities alongside British national Luke de Pulford, Executive Director of the Inter-Parliamentary Alliance on China (IPAC). Mr Chan also confirmed SWHK used money from crowdfunds to hire a consultancy firm that contacted US Members of Congress, while also maintaining political communications in the UK and Japan.

While undergoing cross-examination, Mr Chan stated that he called Mark Simon, Mr Lai’s personal aide, after being arrested in October 2020. Mr Chan stated that Mr Simon said that he and Mr Lai would provide legal support for him, and encouraged him to continue international lobbying activities. Mr Chan said, “Jimmy Lai taught us that we need to understand the thinking of foreign governments and establish relationships with these ‘under-the-table people.”

Speaking with politicians, engaging in international lobbying activities, and peacefully exercising human rights and fundamental freedoms are permissible under international laws and treaties, including within the scope of Hong Kong’s international legal obligations.

Other Developments

Development 1: Cardinal Zen and 4 other former 612 Humanitarian Relief Fund trustees to appeal conviction over 2019 relief fund

Cardinal Joseph Zen and Cyd Ho, Margaret Ng, Denise Ho and Hui Po-keun, who are all former trustees of the now defunct 612 Humanitarian Relief Fund, are expected to appeal their convictions over a relief fund that supported pro-democracy protesters in 2019.

The former trustees were arrested in May 2022 by the national security police. In November 2022, the trustees were found guilty and fined HK$4,000 (USD$511) each for not registering the fund as a society, which is mandatory under the Hong Kong Societies Ordinance. The court ruled that the 612 Fund involved “political aims” and was not exempt from the Ordinance. The case is seen to be politically motivated and a way of criminalising pro-democracy activism.

The appeal is set to be heard at the Hong Kong High Court on 8 January 2025, and is expected to last for three days. 

Development 2: Hong Kong judge says Chow Hang-tung’s national security trial will not begin this year

On Wednesday, Chow Hang-tung, Lee Cheuk-yan and Albert Ho appeared before the High Court of Hong Kong for another case management hearing. Judge Alex Lee, who previously said their national security trial may start in November this year, said it would not begin this year because the judges who will preside over the case have yet to be determined. There is no start date.

Ms Chow, Mr Lee and Mr Ho were charged more than two years ago for their involvement in the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, a grassroots advocacy organisation established in 1989 to hold Beijing officials responsible for the Tiananmen Square Massacre and to campaign for democratic reforms and the release of political prisoners in China. In May 2023, they were found guilty of not complying with a national security police request for information on the members of the Alliance and other data.

As the former vice-chairperson of the Alliance, Ms Chow was arrested on 4 June 2021 for allegedly publicising a banned public assembly for a Tiananmen Massacre vigil. On 30 June 2021, Ms Chow was re-arrested for allegedly inciting an illegal assembly, which was scheduled to take place on 1 July 2021. Ms Chow is already in prison for related charges, but if convicted of alleged inciting subversion of state power, she faces a potential of 10 years’ imprisonment.

Development 3: Stand News sedition trial verdict postponed again to August

The verdict for the Stand News sedition trial was postponed again to August. The case involves former editors Chung Pui-kuen and Patrick Lam, who face alleged sedition charges for publishing 17 “seditious” articles between July 2020 and December 2021. 

During the trial which started in October 2022, Mr Chung told the court he never imagined that journalism could attract a sedition charge and that the government’s “suppression of critical voices or opinions will cause hatred more easily” than the initial opinions themselves. The articles presented as evidence included opinion pieces which criticised the government but were within the bounds of free speech. 

The verdict in this case is expected to serve as a roadmap for other sedition cases, as the prosecution argued that even allowing political commentary to be published, as editors, may violate national security. This would have a further devastating effect on freedom of expression and freedom of the press in Hong Kong.

香港政治犯審訊每週簡報（2024年4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「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。

第五名控方證人陳梓華繼續出庭作供

關鍵控方證人李宇軒完成作供後，第五名控方證人、律師助理陳梓華開始出庭指證黎智英。

控方圍繞陳梓華與黎智英之間的訊息提問。2020年5月中國當局公布《國安法》內容前夕，陳請黎小心自身安全，黎回覆不用擔心人身安全，稱「We may not win but must persist.（我們可能不會贏，但必須堅持。）」陳又稱，黎認為《國安法》「雷聲大雨點小」，會繼續提請國際社會關注香港情況並呼籲制裁。

控方問到2020年7月《國安法》生效後陳梓華與李宇軒之間的訊息。就李的未來去向，陳稱國際遊說工作應該繼續，建議李繼續協助「對華政策跨國議會聯盟」（IPAC）裴倫德（Luke de Pulford）。

陳供稱，他在2020年10月10日被捕獲釋後致電黎的助手Mark Simon，對方指他與黎會為他安排法律等支援，鼓勵他繼續做國際遊說。

其他事件

事件1：「612基金」5名信託人就《社團條例》定罪上訴 明年1月8日開審

事件2：支聯會煽動顛覆案6月24日處理鄒幸彤換官申請 官稱今年內未能開審

事件3：《立場》煽動案再押後至8月30日裁決