Biweekly political prisoner trial developments in Hong Kong (2 September - 13 September)
Development 1: Jimmy Lai’s international legal team submits urgent appeal to UN Special Rapporteur on Torture
On 12 September, Jimmy Lai’s international legal team submitted an urgent appeal to the UN Special Rapporteur on Torture, Dr Alice Edwards.
The urgent appeal raises concerns regarding Mr Lai’s prison conditions, including:
“Mr Lai’s prolonged detention in solitary confinement for over three and a half years, since December 2020, in circumstances which pose a grave risk to his physical and mental health, and to his life, given his age and underlying medical conditions. He has limited human contact and is routinely imprisoned for 23 hours 10 minutes per day, with only 50 minutes for restricted exercise; and he has limited access to daylight;
The denial of access to independent medical care; and
The grossly disproportionate threat of imposition of a life sentence on conviction for entirely peaceful acts.”
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 which carries a maximum punishment of life in prison, and one charge for “conspiracy to publish seditious publications” under the colonial-era sedition law. His trial began on 18 December 2023, and is expected to resume on 20 November 2024.
The allegedly criminal activities of Mr Lai, including speaking with foreign media outlets, expressing his opinions, and interviewing journalists, academics, and human rights advocates, are permissible under international law, including within the scope of Hong Kong’s international legal obligations.
Hong Kong Watch continues to advocate for Jimmy Lai’s immediate and unconditional release, and urges UK Foreign Secretary David Lammy to respond to Sebastien Lai’s meeting request.
Development 2: Hong Kong 47 democrats mitigation pleas conclude
In the final round of mitigation pleas for the 47 democrats, former Stand News journalist Gwyneth Ho chose to bypass submitting a mitigation statement in a move that could mean a longer jail sentence under an offence that could result in life imprisonment.
Businessman Mike Lam’s lawyer argued that Mr Lam was a “latecomer to the primaries, only confirming his candidacy the month before the election. He did not organise the primaries or sign the ‘Inked Without Regret’ declaration, a document stating that primary participants would use their powers as lawmakers to veto the government budget and paralyse the city’s administration.” The lawyer asked the court to consider a sentence involving community service for Mr Lam, which was refused by Judge Andrew Chan who said, “Don’t ask for the impossible, please”.
The mitigation hearings follow fourteen of the 47 democrats being found guilty in May this year of subversion under the Hong Kong National Security Law for organising and participating in the “unofficial” primary elections for the Hong Kong Legislative Council. The mitigation stage precedes sentencing and provides an opportunity for defendants to inform judges why they should receive a lighter sentence. The sentencing for those found guilty is expected later this year, with imprisonment for this offence ranging from three years to life.
This trial is the largest and one of the most significant national security trials since the National Security Law was imposed by Beijing on Hong Kong in 2020, and many of the defendants have been behind bars for over three years. The outcome of these mitigation pleas, as well as the expected sentencing of this case, will set a precedent for cases involving legislators, activists, trade unionists and journalists who have been found guilty for peacefully doing their jobs and partaking in activities that are in line with their rights and freedoms that are guaranteed under international law.
Development 3: Detained activist Owen Chow sentenced to appeal conviction for ‘carrying an unauthorised article out of prison’
Pro-democracy activist and member of the Hong Kong 47 democrats Owen Chow is set to appeal his conviction over ‘carrying an unauthorised article out of prison’.
Last month, Mr Chow and his solicitor Phyllis Woo were sentenced to three days’ imprisonment and fined HK$1,800 (US$231), respectively, for ‘carrying an unauthorised article out of prison’. The unauthorised article was a complaint form Mr Chow intended to file to the government watchdog after correction services officers intercepted two books meant for Mr Chow. Allegedly, Mr Chow gave Ms Woo the piece of paper, which she took out of prison after visiting him.
In July at the West Kowloon Magistrates’ Courts, Mr Chow and Ms Woo were convicted of smuggling the complaint form out of the prison, as it was given to Ms Woo while visiting Mr Chow at the Lai Chi Kok Reception Centre in May 2023. Mr Chow and Ms Woo pleaded not guilty in March 2024 following their arrests and a court hearing in October 2023.
Now both have fulfilled their sentences, but Mr Chow remains behind bars until his sentencing in the case of the 47 democrats for alleged subversion after participating in “unofficial” primary elections for the Hong Kong Legislative Council in 2020. He faces a maximum sentence of life imprisonment.