Biweekly political prisoner trial developments in Hong Kong (30 September - 11 October)
Development 1: Hong Kong judge rejects Jimmy Lai’s bid for trial by jury in libel case against Beijing-backed newspaper
A Hong Kong judge rejected a bid from Jimmy Lai for a jury trial in his libel case against the Beijing-backed newspaper Ta Kung Pao. The judge also ordered Mr Lai to pay HK$300,000 (US$38,600) in legal costs for processing his failed application.
Following Ta Kung Pao resisting calls from Mr Lai for the case to be heard by a jury last month, Justice Queeny Au-Yueng ruled that the case involves the “prolonged examination of documents” – up to 1,200 pages – and is therefore “not suitable for jury trial”. The Judge also added that the right to trial by jury was “not absolute” and “at the court’s discretion”.
In November 2020, Jimmy Lai filed a libel case against Beijing-backed newspaper Ta Kung Pao after it published articles claiming that Mr Lai intended to flee from Hong Kong to abscond from criminal proceedings. Mr Lai requested that the High Court prevent Ta Kung Pao from publishing libellous content and require the paper to apologise and pay damages.
Mr Lai will now wait for this libel suit to be processed by a single judge without a jury, while preparing for the resumption of his national security trial next month. This ruling demonstrates the demise of the independence of the judiciary in Hong Kong, as judges solely and increasingly have the final say over both the proceedings and outcomes of cases.
Mr Lai founded the now-defunct newspaper Apple Daily, the largest pro-democracy newspaper in Hong Kong. Mr Lai has already served several prison sentences on multiple charges, including 13 months for lighting a candle and saying a prayer at a vigil to commemorate the 1989 Tiananmen Square Massacre. He now faces three charges under the Beijing-imposed Hong Kong 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.
Development 2: ‘Grandpa Chan’ has a case to answer for “displaying” protest banners at Hong Kong park
A Hong Kong court ruled that Chan Ki-kau, informally known as ‘Grandpa Chan’, has a case to answer for “displaying” protest banners at Lion Rock, a park in Hong Kong with one of the best views of the city. Mr Chan held two banners with Chinese couplets, which were seized from his possession one week later in September 2023.
Mr Chan’s defence counsel, Jeffrey Tam, said he will dispute whether Mr Chan was “displaying” the banners or simply posing for a picture with the banners. Mr Tam said he will also make submissions on constitutional grounds.
Mr Chan’s closing arguments are now scheduled for 30 October 2024. Mr Tam told the court Mr Chan would not testify nor call defence witnesses.
In March 2024, Mr Chan appeared at the Kowloon City Magistrates’ Courts following his arrest and four-month bail for “displaying” the protest banners. He was accused of violating Country Parks and Special Areas Regulations, which prohibit visitors from displaying banners, signs, posters, notices and advertisements unless granted permission. Offenders face up to three years’ imprisonment and a HK$2,000 fine.
Development 3: Hong Konger receives eight weeks’ imprisonment for insulting China’s national anthem during volleyball game
Chan Pak-yui received eight weeks’ imprisonment for covering his ears and singing ‘Do You Hear the People Sing?’ – which was popularised during the 2014 and 2019 protest movements in Hong Kong – while the Chinese national anthem was being played at a volleyball game last year.
The High Court heard last month that Mr Chan would not pursue his appeal, meaning he was jailed immediately as he was on bail pending appeal. In April this year Mr Chan pleaded guilty and stood trial, and was found guilty for deliberately insulting the national anthem in July. The judge who presided over the case said that Mr Chan “told the police under caution that he ‘disliked’ the Chinese team and the Chinese anthem”.
In 2020, the Hong Kong government passed a law that criminalises insulting the Chinese national anthem. Offenders face up to three years’ imprisonment or fines of up to HK$50,000 (US$6,400).
This case and similar ones, where people engage in peaceful criticism of the government, have drastically increased the number of political prisoners in Hong Kong.