Hong Kong: Free Pro-Democracy Publisher Jimmy Lai
The Hong Kong authorities are facing calls to drop the charges against Jimmy Lai, the founder of the pro-democracy newspaper Apple Daily, and release him from prison. Human Rights Watch has urged the authorities to reconsider the baseless charges against Lai, whose national security trial is set to begin on December 18, 2023, and is expected to last for 80 days.
Lai, who is 76 years old, is facing three charges of foreign collusion under the National Security Law imposed by Beijing since June 2020. He also faces a sedition charge based on his tweets, interviews, and articles published in Apple Daily. If convicted, Lai could face a maximum sentence of life in prison.
Maya Wang, acting China director at Human Rights Watch, stated that Lai’s future may depend on the international response to this trial. Wang called on concerned governments to press the Hong Kong authorities to drop the charges, citing the serious damage to press freedom in the city.
Since his arrest in August 2020, Lai has been held in solitary confinement in a maximum-security prison for over 1,200 days. His family has expressed concerns about his health. According to the United Nations Standard Minimum Rules for the Treatment of Prisoners, solitary confinement should only be used in exceptional cases and for as short a time as possible.
Lai’s lawyers from the London-based Doughty Street Chambers reported receiving death and rape threats, as well as facing cyberattacks and online surveillance for representing Lai. The Beijing-controlled newspaper Wen Wei Po has continuously attacked Lai’s defense lawyers, labeling them as anti-China and accusing them of attempting to manipulate the court case.
Lai’s prosecution has been plagued by violations of his fair trial rights, including handpicked judges, a non-jury trial, prolonged pretrial detention, and a denial of counsel of his choice. The Hong Kong government’s decision to bar British lawyer Timothy Owen from representing Lai was upheld by the High Court.
In addition to the current charges, Lai has been convicted in three cases of unauthorized assembly for participating in protests, resulting in a total sentence of 17 months in prison. He was also convicted on two fraud charges related to alleged lease violations by his media company and is serving a sentence of 5 years and 9 months. Despite being a British citizen, Lai has been denied consular access by the Hong Kong government.
International concern for Lai’s case has been expressed by a group of UN special rapporteurs, who called for his release and condemned the abuse of the National Security Law by the Hong Kong government. In the UK, over 100 members of parliament and peers sent a joint letter urging the foreign secretary to hold accountable officials linked to human rights violations in Hong Kong. The European Parliament passed a resolution in June, calling for Lai’s release and that of other pro-democracy activists.
While multiple governments, including Canada, the United Kingdom, the European Union, and Australia, have expressed deep concern over Beijing’s imposition of the National Security Law, no sanctions have been imposed on officials responsible for rights violations. The United States has not sanctioned any Hong Kong or Chinese government officials for Hong Kong-related violations since July 2021.
Human Rights Watch has called on democratic governments to take action and send a clear message to the Chinese government that repression carries a cost. Wang emphasized the importance of Lai’s trial in prompting governments to call for his release and impose targeted sanctions on officials trampling Hong Kong people’s fundamental rights.
It is crucial for the international community to address Lai’s plight and protect press freedom, sending a clear signal that violations of basic rights will not go unnoticed or unchallenged.
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