Political prisoner trial developments in Hong Kong this week (29 April - 3 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. 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
Chan Tsz-wah continued to testify in the case of 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.
While being cross-examined, Mr Chan admitted to providing assistance to Mr Li as he attempted to flee from Hong Kong, including arranging a safe house for him and identifying anti-tracking strategies. This confession, which was a reversal from an interview between the police and Mr Chan following his first arrest under the NSL in October 2020, led to the Department of Justice dropping the charge against Mr Chan for assisting an alleged criminal.
The allegedly criminal activities of Mr Li, including speaking with politicians, engaging in international lobbying activities, and peacefully exercising human rights and fundamental freedoms, are permissible under international law, including within the scope of Hong Kong’s international legal obligations.
Judges rule that courts have no authority over national security committee, dismissing Jimmy Lai’s bid to challenge the government for blocking his foreign lawyer
On Monday, a Hong Kong court ruled that the city’s courts have no jurisdiction over the Committee for Safeguarding National Security.
The judgement stemmed from Jimmy Lai attempting to hire British barrister Timothy Owen, KC to represent him in his national security case two years ago. At the time, the government asked Beijing to interpret the law after the Court of Final Appeal ruled in favour of Mr Lai and allowed Mr Owen to represent him. Beijing’s interpretation overturned the Court of Final Appeal’s ruling and barred Mr Owen from representing Mr Lai, empowering the Committee for Safeguarding National Security to vet foreign lawyers' participation in cases related to national security.
According to the latest judgement, Beijing’s interpretation as well as Article 14 of the NSL which states, “No institution, organisation or individual in the Region shall interfere with the work of the Committee. Information relating to the work of the Committee shall not be subject to disclosure. Decisions made by the Committee shall not be amenable to judicial review,” leaves no room for ambiguity regarding the city’s courts not being able to have the final word over the Committee for Safeguarding National Security.
This decision marks a further erosion of the independence of the judiciary in Hong Kong as it solidifies the power of the Beijing and Hong Kong authorities over the city’s courts. It reduces the separation of powers and the independence of the judiciary in Hong Kong, which have been under threat since Beijing imposed the National Security Law in Hong Kong in 2020.
香港政治犯審訊每週簡報（2024年4月29日至5月3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。
陳梓華繼續出庭作供
第五名控方證人、律師助理陳梓華繼續出庭作供。
陳梓華在辯方盤問下確認，2020年10月首次被捕後在與警方錄影會面中供述「沒協助李宇軒離開香港」屬假話，承認曾為李離港提供協助，包括安排安全屋，又談及反跟蹤技巧。
黎智英就Tim Owen案上訴遭駁回 上訴庭裁定國安委決定不受司法覆核管轄