Political prisoner trial developments in Hong Kong this week (13 May - 17 May)

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. Next Digital is the parent company of Apple Daily.

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. 

Defence lawyer Johnny Ho testifies to Apple Daily’s Slack messages

This week, the prosecution asked Jimmy Lai’s defence lawyer Johnny Ho to testify regarding newfound content on Apple Daily’s ‘Slack’ work platform, while debating whether to approve the defence’s application to re-summon former Apple Daily Chief Executive Cheng Kim-hung to testify about internal messages on the software Slack. The prosecution questioned the application, accusing the defence team of deliberately refraining from presenting the messages as evidence sooner. 

The defence team said they obtained the Slack messages in late February from Claire Lai, daughter of Jimmy Lai, which was “not easy”. Defence senior counsel Robert Pang argued that the Slack messages were “a material and relevant form of evidence that should be put to Cheung in the interests of justice”, especially given that the defence has thus far only been able to refer to evidence presented by the prosecution. 

The court ultimately rejected the defence’s application, preventing Cheng from again taking the stand to testify to the internal Slack messages.

International lawmakers ask Hong Kong court to summon them as witnesses

An international coalition of current and former lawmakers from nine countries, including Sir Iain Duncan Smith MP and Gen Nakatani, former Defence Minister of Japan, issued a joint letter requesting to submit evidence to the Hong Kong court overseeing the prosecution of Mr Lai in response to being collectively cited more than 50 times during Mr Lai’s case. Despite being cited, the lawmakers state that “they have not formally been contacted about the trial” which “undermines the integrity of the investigation”.

This week’s events in the trial of Mr Lai and the letter from international lawmakers expose how the right to a fair trial continues to be dismantled in Hong Kong. The proceedings in the case of Mr Lai lack a jury, include handpicked and government-approved judges, and denies individuals who are mentioned in the trial the right to testify.

Other Developments

Development 1: Google complies with the Hong Kong court injunction to ban pro-democracy anthem ‘Glory to Hong Kong’

In response to the Hong Kong court injunction to ban the pro-democracy anthem ‘Glory to Hong Kong’, Google complied by blocking 32 YouTube videos containing the song from Hong Kong users.

A YouTube representative said in a statement that YouTube “would continue to consider” appealing the court ruling. “We are disappointed by the court’s decision but are complying with its removal order by blocking access to the listed videos for viewers in Hong Kong,” the representative said.

Last week, a Hong Kong appeals court approved the Hong Kong government’s application to ban the pro-democracy anthem ‘Glory to Hong Kong’, overturning a lower court ruling in July 2023 that rejected the government’s bid due to free speech concerns. 

Three Court of Appeal judges ruled that the government’s injunction was “necessary” to remove “problematic videos” from online platforms. This follows numerous incidents at international sporting events in which ‘Glory to Hong Kong’, popularised during the 2019 protests, has been mixed up with the People’s Republic of China’s anthem ‘March of the Volunteers’. 

In October 2023, 69-year-old Hong Kong busker Li Jiexin was jailed for 30 days for performing ‘Glory to Hong Kong’ in public, accused of engaging in alleged soft resistance against the Hong Kong authorities. Mr Li was released after providing a HK$2,000 (US$255) cash bail.

Given the extraterritorial clause and global jurisdiction set out in both the NSL and the recently passed Safeguarding National Security Bill, known as ‘Article 23 legislation’, the ban of ‘Glory to Hong Kong’ could set a dangerous precedent for censorship and lead to an increase in the number of political prisoners in Hong Kong. Hong Kong Watch remains gravely concerned about the implications of this injunction, and urges technology firms and internet service providers such as Google and Apple to file appeals and honour the freedom of expression in their operations worldwide.

香港政治犯審訊每週簡報（2024年5月13日至17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。壹傳媒是《蘋果日報》的母公司。

黎被控「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。他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。

法官拒絕辯方申請重召張劍虹

辯方早前申請重召控方證人、前壹傳媒行政總裁張劍虹，就工作平台Slack內容提問，控方本週就此傳召辯方律師何俊豪作供。

辯方指2月底經黎的女兒取得Slack紀錄，形容過程並不容易。

法官最後以法庭有責任保障控辯雙方的權利為由，拒絕辯方申請。

全球九國政界人士聯署要求出任證人

來自全球九國的政界人士發出聯署信，要求在黎智英案中出庭作證並向法庭提交證物，當中包括前英國保守黨黨魁施志安爵士（Sir Iain Duncan Smith）、前日本防衛大臣中谷元。

聯署信指，這些政界人士的名字在庭上被提及超過50次，但香港當局從未與他們聯絡，認為這損害調查的公正性。

其他事件

事件1：YouTube遵從禁令限制在港瀏覽32段《願榮光歸香港》影片 稱會繼續考慮上訴