Jimmy Lai, founder of Next Media, is charged with “conspiracy to collude with foreign forces” and other offenses. The trial entered its 102nd day on Wednesday (4th) at the West Kowloon Magistrates’ Courts (acting as the High Court), with Lai appearing in court for the tenth day. During the session, a video segment aired by Apple Daily featuring Bowen Yuen was played. In the segment, Yuen mentioned that “the end of Hong Kong is near” and thanked Jimmy Lai for producing the segment to inform then-President Trump about the situation in Hong Kong. He claimed that Hong Kong’s youth were fighting for freedom and democracy, and called for the US to “sanction all communist entities” and urged US companies to withdraw from Hong Kong.

Jimmy Lai stated in court that it was the first time he had seen the segment and disagreed with Yuen’s views, emphasizing the importance of US companies remaining in Hong Kong to maintain its status as an international financial center. He also disagreed with Yuen’s claims in the video about young people being raped and murdered, asserting there was no evidence to support these claims.

The case is being presided over by National Security Law-designated judges Esther Toh Lye-ping, Susana Maria D’Almada Remedios, and Alex Lee Wan-tang. The prosecution is represented by Deputy Director of Public Prosecutions Anthony Chau Tin-hang, Assistant Director of Public Prosecutions Ivan Cheung Cheuk-kan, and Senior Public Prosecutor Crystal Chan Wing-sum; Jimmy Lai is represented by senior barrister Robert Pang Yiu-hung, barrister Steven Kwan, and New Zealand King’s Counsel Marc Corlett, who is qualified to practice in Hong Kong.

16:22 Court Adjourns

During the hearing, after playing Jimmy Lai’s interview on Radio Free Asia in Cantonese, a spectator in the public gallery clapped. She was subsequently escorted out of the courtroom to a nearby witness waiting room. After the court adjourned, she remained in the room for nearly half an hour, during which police questioned her. Eventually, she left the court building surrounded by a dozen police officers. As the media approached to take photos, the police cordoned off the area with orange tape, continuing across the street from the courthouse. The police then blocked the road with orange tape on the opposite pedestrian path, preventing the media from crossing, while the spectator continued walking. The police on the scene stated she would be let go and had not been arrested, claiming the road was closed due to safety concerns.

16:10 Lai in Interview: “Stay and Fight to the End,” Applause from the Public Gallery

During the interview, the host asked Lai, “What is your advice for the people of Hong Kong?” Lai responded, “This is a real and significant crisis… If you have to leave, there’s no helping it, but if you love this place, we really need to unite to protect our home of Hong Kong. Or some might just settle for being just another person from the mainland, as long as they have food and shelter. Everyone has to make their own choice, and inevitably many will choose to stay and fight. I will stay and fight with these people to the end.”

After the video was played in court, there was significant applause from the public gallery. The defense asked Lai about his statement, “I will stay and fight with these people to the end,” questioning whether this meant he would continue to fight even if it was illegal. Lai clarified, “If the fight became illegal, there’s no room to fight anyway. It’s like now, we could not fight.”

The defense reminded him that they were discussing the situation at the time, not the present. They then asked whom Lai was referring to with “the fight.” Lai explained it was against the encroachment of China on Hong Kong’s freedoms. The defense further inquired about whom Lai meant by “many people will stay.” Lai referred to those who were part of the resistance movement.

When asked if he personally knew these people, Lai said he did not, “Like the two million people walking on the street, how many do I know them?”

Regarding another WhatsApp conversation from the same day, June 10, 2020, with Zhang stating, “Boss, the NPC’s agenda next week does not mention the NSL,” Lai replied hoping for a last-minute reprieve. He explained that he was still hopeful for a turnaround at that time.

The defense noted that they would conclude questioning about the period before the implementation of the NSL within the week.

15:48 Lai: I Don’t Think I’ve Done Anything Illegal, ‘But I’ve Been in Jail for 4 Years’

During his interview on June 10, 2020, with Radio Free Asia’s Cantonese service, Jimmy Lai mentioned, “To block China’s arbitrary actions, it’s not just talk from the US and Europe… real sanctions would water down the NSL, they wouldn’t be able to enforce it harshly.” When asked why he held this belief, Lai indicated it was his personal opinion.

The defense noted Lai’s call for Trump to include sanctions in his campaign was hypothetical. Lai confirmed this, emphasizing it was merely his speculation. He also estimated that China would face sanctions, based on his own conjectures.

In the interview, the host asked Lai, “To what extent are you willing to sacrifice?” Lai responded, “I decided a long time ago not to think about the consequences. I can’t do that; every word I speak, I think about the consequences, I can’t avoid that. Fear isn’t in my consciousness. If I truly have to, whether it’s the sacrifice of being jailed or even losing my life, I’m willing. I came to Hong Kong at age 12 with one dollar. Everything I have today—my wife, my family, all my friends, my business in Hong Kong, my colleagues, everything is given to me by Hong Kong. I must be grateful to this home, to this place, to do everything I can until my last second. I really can’t do more; I’ll fall with this place.”

When asked if he meant he would engage in illegal activities when he mentioned being prepared to be jailed, Lai denied this, maintaining it was only a projection of potential consequences. Asked why he referred to being jailed, Lai said, “I am now in jail.” The defense queried his thoughts from 2020, to which he responded consistently.

Judge Susana Maria D’Almada Remedios clarified if the defense was asking if one could only be jailed for illegal actions, to which Lai responded, “I don’t think I’ve done anything illegal, but I’ve been in jail for 4 years.”

15:30 Lai: Fighting for Hong Kong Now Is Meaningless, Beyond Redemption

During an interview, Jimmy Lai remarked, “Now is not the time for safety, this is the time for sacrifice,” expressing his dedication to continue fighting despite the risks. Lai shared his personal journey, stating, “I came here with 1 dollar. All I have—a wonderful family, a business, good health—all this this place gave me. I can’t leave. I will have to fight to the last day. I am not afraid.”

When asked if his statement was in response to the National Security Law, Lai clarified that it was not specifically about the law but about his overall attitude towards fighting for the freedom of Hong Kong. Upon further questioning about continuing the fight even if it becomes illegal, Lai responded that it would be pointless, as being arrested would prevent him from continuing his fight. He mentioned, “In my opinion, this is useless to fight for Hong Kong now, this is beyond redemption.”

The defense emphasized focusing on Lai’s thoughts at the time, not his current perspective. Lai affirmed, “I will not be fighting anymore, because it is useless.”

Lai also mentioned in the interview, “If the American people recognize how dangerous China is and voice your support for Hong Kong and your opposition to China, your politicians will react by saving Hong Kong… Without your insistence on safeguarding the value of the free world, China will take over the peace of this world and destroy the lifestyle, the life that we all share.”

When asked how American politicians might react to save Hong Kong, Lai stated he could not predict what they should do. Regarding his claim that “without maintaining the value of the free world, China will take over the world’s peace and destroy our way of life,” Lai affirmed that this is his sincere belief.

15:05 Lai Calls for U.S. to Freeze Corrupt Chinese Officials’ Accounts, Asserts Many Involved in Drafting the National Security Law Are Corrupt

In an interview, Jimmy Lai mentioned, “President Trump, using sanctions and punishment in status in his election campaign to punish China,” explaining his hope that Trump would address sanctions during his campaign because Trump had expressed concern over the Hong Kong National Security Law and recognized the severe consequences of its implementation.

Lai further stated, “I think America should also freeze the bank account of those corrupt officials in the U.S.” The defense highlighted Lai’s repeated mention of freezing Chinese officials’ bank accounts in the U.S. as a first step to preventing the implementation of the National Security Law.

When asked about the connection between the two, Lai explained, “I suppose those who were involved in making up the NSL, many of them had corrupt money in the bank account in the west.” Judge Esther Toh inquired whether this was merely his speculation, to which Lai agreed.

Lai also mentioned, “If the world sanctions China, Hong Kong is the only way China can have access to world finance and trade.” He clarified that this was because Hong Kong serves as an international financial center, shares common values with the international community, and holds a special status.

14:50 Lai Calls for Sanctions on China, Explains Hong Kong Would Be Destroyed by Implementation of the National Security Law

The defense referred to an interview Jimmy Lai had on June 8, 2020, with the Hoover Institution, where he stated, “Now is the best time to sanction China, to force China to behave better.” When asked whether “China” referred to the country or the government, Lai clarified that he meant the Chinese government, given the context of improving behavior.

The defense asked about the specific behaviors Lai referred to. He explained that the values of China differ from those of the West, which has led to the US-China trade war.

During the interview, Lai remarked, “I think the US should sanction China, should punish China before that’s hopeless.” He clarified under questioning that by “China” he referred to the Chinese government, meaning there was still hope to prevent the implementation of the National Security Law or reduce its impact.

Lai also mentioned, “To revoke the Hong Kong special status, anything, go ahead because it’s meaningless, anyway, Hong Kong is destroyed.”

He stated that he was against the revocation of Hong Kong’s special status. When asked why he said it was meaningless, Lai noted that if China proceeded with implementing the National Security Law, Hong Kong would be ruined. If Hong Kong is ruined, the existence of its special status becomes irrelevant. The defense asked under what circumstances Hong Kong would be destroyed, to which Lai responded that it would be under the conditions created by the National Security Law.

14:34 Lai: I like China as a country but cannot comprehend it being governed by the Communist Party

During the court session, the defense presented a WhatsApp message from June 7, 2020, between Jimmy Lai and Steven Kwan, where Kwan asked about the actions to be taken. Lai responded, “Sanctions should concentrate on China to water down the NSL.”

The defense noted that Lai previously said his advocacy for sanctions was to prevent the National Security Law (NSL) from passing, yet his message mentioned reducing the power of the NSL. Lai clarified in court that both statements referred to the same objective. The defense further pointed out Lai’s message about “sanctions should concentrate on China,” asking if he meant “China” or “Chinese officials.” Lai indicated that he was referring to the “Chinese government.”

The defense probed whether “China” is equivalent to the “Chinese government,” to which Lai responded that they are the same in this context. Asked by the defense why he mentioned “sanctions should concentrate on the Chinese government” in his message, Lai stated it was because the government governs and owns China. When asked if he liked China, Judge Susana Maria D’Almada Remedios asked for clarification whether the defense meant currently or at the time in question, referring to June 2020.

Lai answered, depending on the interpretation of “China,” if it’s about the country, he certainly likes the Chinese people and culture; if it’s about the state, he cannot comprehend a country governed by the Communist Party. The defense inquired why, and Lai mentioned it was because the values of the Chinese government are opposed to his own.

The defense then asked, so on a national level, Lai still likes China? Lai agreed. They further asked if on a governmental level, he dislikes China, and if that remains the case today. Lai agreed.

13:00 Lunch

12:20 Yuan Gongyi Requests Lai to Contact Joseph Zen; Lai Refuses Due to Distrust

During the court session, the defense played an audio message sent by Yuan Gongyi to Jimmy Lai on June 11, 2020. In the message, Yuan said, “Jimmy, I’m meeting Ambassador Brownback tomorrow, he’s responsible for Religious Freedom at the State Department. You should check out today’s press conference with Pompeo…”

“He’s very effective, Brownback, and Xia Baolong has been sanctioned… I need support from Joseph Zen. It would be great if he could write to Brownback or even Pompeo, saying that Xia Baolong should be immediately sanctioned… I’m meeting Ambassador Brownback tomorrow afternoon, and if Joseph Zen also speaks out, it would be powerful.”

Lai responded, “Joseph Zen won’t do it because he doesn’t know you well; he is very cautious. But I will ask him anyway, I don’t believe he will do it,” “I’ll ask him later when he wakes up, but I don’t think he will do it. If he doesn’t, I won’t reply to you, thank you.”

In court, Lai stated that he ultimately did not ask Joseph Zen because he did not trust Yuan and did not want to engage with him.

The defense then showed a Signal message between Yuan and Lai from June 4, 2020, a day after their dinner, where Yuan messaged Lai, “Got you,” and Lai replied, “Yes,” followed by Yuan saying, “look forward to working together.” Lai mentioned he did not respond further. On June 10, Lai sent another message:

“Young scholar Carpier Leung Kai-chi critiques Yuan Gongyi

//Seeing so many people recommend ‘Father Yuan’s’ video, I clicked to watch. Sorry, I could only watch half, couldn’t continue, the narrative was too chaotic.

He starts by criticizing the pan-democrats, the first one being Andrew Li Kwok-nang… When was Andrew Li Kwok-nang ever a pan-democrat? Then he talks about Martin Lee, saying from the drafting of the Basic Law he began to compromise… The entire CFA was fought for by Martin Lee, he resigned from the drafting committee after the 89 democracy movement, what compromise? Then he criticized Pocket it First (2014–2015 Hong Kong electoral reform), but Pocket it First was exactly what the pan-democrats rejected. How can that be used to criticize pan-democrats?

This is outright misinformation. I truly feel that the yellow-ribbon circle’s demands for accurate information are not much higher than the blue-ribbon circle’s.//”

Lai explained in court that he used others’ criticisms of Yuan to refuse him, letting him know indirectly. However, the defense noted that Lai still received an audio message from Yuan the next day, asking Lai to contact Joseph Zen; Lai described Yuan as insensitive, not understanding Lai’s indirect refusal.

12:20 PM – Lai Tells Cheung Kim-hung to Be Wary of Yuan Gongyi’s Ulterior Motives

The defense displayed a WhatsApp message from June 3, 2020, where Yuan Gongyi told Lai he was going to Washington. Lai in court stated he did not know why Yuan went to Washington and did not recall Yuan mentioning any reasons for the trip. The defense mentioned that Lai had invited Yuan for dinner, to which Lai responded that it might have happened, but he did not remember the details of the dinner.

Lai expressed, “I sensed that he wanted to get my connections and I was very uneasy with it and I evaded him,” showing a lack of enthusiasm in his WhatsApp replies and mentioned this feeling was cumulative, citing Yuan’s reference to Hong Kong’s status as an international financial center in the video.

When asked by the defense if he was referring to the Apple Daily video played earlier, Lai agreed. Upon hearing this, the defense asked if Lai had previously stated he had not watched that clip. Judge Lee Yun-teng questioned, “Counsel, are you cross-examining?” to which Lai clarified he might have seen it and reiterated his distrust of Yuan, noting Yuan always wanted to contact him.

The defense showed another WhatsApp conversation between Lai and Cheung Kim-hung, where Lai expressed his distrust of Yuan and warned Cheung to be careful of him. Lai also mentioned to Cheung that “he is Guo Wengui’s man,” when asked who Guo Wengui was, Lai described Guo as a wealthy Chinese person who fled to New York, unaware of Guo’s activities in New York but perceived him as a “crook,” implying a connection between Yuan and Guo Wengui.

Lai told Cheung “He wants to collaborate with me to oppose the CCP,” when asked who “he” was, Lai referred to Yuan. Lai told Cheung “He has an agenda, please be careful,” suggesting Yuan had purposes that were not public, “He has something he wanted to do but is untold.”

Additionally, Lai mentioned in the message “So we don’t have to be afraid of the National Security Law,” explaining to Cheung that when they discussed power struggles which had come to a head, he believed the National Security Law would not be too harsh as no one held real power, “Of course, I was wrong in the end,” and the defense noted he forgot what followed.

12:00 PM – Lai Claims The New York Times is Not to His Taste; Submitted Articles Due to Newspaper’s Popularity

Lai volunteered additional details about his relationship with Jack Hazlewood, noting that if they knew each other well, Hazlewood would not have needed to introduce himself. The defense stated they would address this point later. Regarding Lai’s retweet of Hazlewood’s post, Lai speculated that he wanted Steven Cheung to fix some system issues, but the defense advised him not to guess.

The defense displayed a message Lai sent on June 2, 2020, to the then-president of Taiwan Apple, Chen Yu-hsin, stating, “Please tell the international team not to target Trump with The New York Times and CNN. We at Apple rely on the Trump administration for support to save our lives, which is not a good approach.” This was less than two weeks after Lai had submitted an article to The New York Times.

When asked about his view of The New York Times, Lai described them as progressive liberal, with a negative stance towards Trump and the Republican Party, stating, “That’s not my taste, my style.” Yet, he submitted articles to The New York Times because it is very popular and reaches many people.

Addressing a claim by Yeung Ching-kee that Lai wanted to use Twitter to “expand his and Apple’s influence,” the defense inquired whether Lai intended to increase his own influence. Lai denied this, stating he merely wanted his messages to reach as many people as possible and never considered expanding his influence.

In a June 3, 2020, tweet, Lai called for overseas subscriptions to Apple Daily, also mentioning economic aid and political protection to combat CCP suppression. The defense asked how overseas subscriptions could translate to political protection. Lai responded that overseas readers who care about Hong Kong would speak out for Hongkongers, prompting overseas politicians to do the same. The defense asked why Lai specifically mentioned Americans, to which he replied that they are the most influential.

11:14 Break

11:00 AM – Lai Thanks Jack Hazlewood for Promoting Apple Daily’s English Edition on Twitter

The defense displayed a tweet from Lai’s account dated May 31, 2020, in which he retweeted Jack Hazlewood’s post. Lai’s tweet stated, “Mr @JackHazlewood thanks for advocating Apple English edition. Certainly, we need more subscribers so we can be financially viable. Having subscribers from all over the world will also send #CCP a clear and strong message that the world is watching.” Lai mentioned that he likely wrote the tweet himself.

The defense then showed a WhatsApp conversation between Lai and Simon Lee, where Lai sent a screenshot of Jack Hazlewood’s tweet. Jack Hazlewood’s tweet read, “Christmas has come early @AppledailyHK (Apple Daily) Hong Kong’s best-selling newspaper & a staunch supporter of the pan-democracy movement, now has an English edition.” Lai stated that someone had sent him this screenshot, showing Jack Hazlewood promoting Apple Daily’s English edition.

The defense also displayed another tweet by Jack Hazlewood, “Unfortunately, I think the app is only available to download for HK Apple ID accounts- if you are overseas and want to download the app, you just have to create a second Apple ID registered as being in HK. Hopefully, this will be fixed soon & people from anywhere can download it.”

In court, it was shown that Lai forwarded this information via WhatsApp to Steven Cheung, the director of Apple’s digital news platform, instructing him to have the IT team address the issue promptly. Cheung replied, “Received.”

The defense further inquired if Chan Tsz-wah mentioned Jack Hazlewood during their communications. Lai stated no, emphasizing that his interactions with Chan were limited to hoping for peace among the militant factions. The defense also noted that during Andy Li’s testimony, it was revealed that during the “Sino-British Joint Declaration Advertising Campaign,” former Scholarism member Wilson Li provided Andy Li with Jack Hazlewood’s contact information.

10:20 AM – English Columnist Proposes Private Prosecution of British Hong Kong Police to Lai: Lai Unfamiliar with Him

During the prosecution’s opening statement, it was noted that after Andy Li’s first crowdfunding campaign on the Stripe platform, the platform transferred HK$6.15 million to Li; Apple Daily’s columnist Jack Henry Hazlewood then received the second round of crowdfunding, amounting to £300,000 (approximately HK$3.1 million), which he transferred to Li. The defense asked Lai when he knew Jack Hazlewood. Lai responded that he did not recognize him, had never heard his name, or if he did, he does not recall.

The defense presented a WhatsApp conversation between Lai and Jack Hazlewood from May 31, 2020, where Jack Hazlewood introduced himself and sent a PDF file discussing “private prosecutions against David Tao, Tony Chuang, Dennis Hui, and other possibly British-nationality holding Hong Kong police officers.” Lai responded that he would sleep on it and pass it along to colleagues the next day.

The defense inquired if Lai had read Jack Hazlewood’s message. Lai suggested he might have glanced at it, describing the situation as a nuisance because he did not know the sender, but the sender sent some seemingly serious messages. The defense mentioned the prosecution’s claim that Jack Hazlewood collected crowdfunding money for Andy Li. Lai responded, “How would I know?”

Lai continued, noting the prosecution claimed Jack Hazlewood wrote for Apple Daily, but he was not familiar with his name, thinking he might have written once or twice for the English edition. Judge Esther Toh asked how Jack Hazlewood obtained Lai’s phone number. Lai assumed it might have been given by a friend of Jack Hazlewood, noting many people had his number and reiterated that he had never met him.

Judge Susana Remedios noted that according to the information presented in court, Lai had saved Jack Hazlewood’s phone number. Judge Alex Lee also inquired when Lai saved his number. Lai did not believe he had saved the number. Remedios questioned why Lai would forward the message to the editor if he did not review them? Lai replied that he left it to the editor to decide, adding if he read every message sent to him, he wouldn’t have time for anything else.

Judge Esther Toh asked why Lai didn’t just ignore and delete the messages? Lai said he ignored most messages, but as Judge Lee pointed out, having Jack Hazlewood’s number saved was odd, hence he believed there might have been some prior interactions. The defense asked who Lai eventually forwarded the message to. Lai didn’t recall, noting he said he would forward it the next day but might have forgotten upon waking up.

Toh asked if Lai forwarded it to Steven Cheung, the director of Apple’s digital news platform. Lai denied it, explaining Cheung was responsible for the online edition, but the document might relate to the newspaper, likely forwarded to Chan Pui-man or Ryan Law Wai-kwong.

10:01 Apple Daily Video Shows Elmer Yuen Urging U.S. Companies to Withdraw from Hong Kong; Lai Says It’s His First Time Seeing It and Disagrees

The defense presented a WhatsApp conversation between Jimmy Lai and the father of “Erica Yuen” dated May 28, 2020. When asked who Erica Yuen is, Lai said he only knew she was an artist who later became a social activist. With the defense’s reminder, he recalled her Chinese name is Yuen Mi-ming, and her father is Elmer Yuen Gong-yi, currently wanted and the initiator of the “Hong Kong Parliament.”

In court, it was shown that Elmer Yuen sent a message to Lai stating he wanted to produce a video urging then-U.S. President Trump and Secretary of State Pompeo to station troops to protect Hong Kong. The court then played a video from Apple Daily, where Yuen said in Chinese: “I believe in the freedom-loving friends in Hong Kong… so I am willing to send a letter… let’s win this war together.”

Yuen also spoke in English: “Mr. President, I want to thank my friend, Jimmy Lai, for producing and delivering this YouTube letter to you. On behalf of all citizens of Hong Kong. The video you are watching now is showing the little known leaders of the Hong Kong’s heroic freedom movement for the last 12 months. These teenagers are mainly high school and college kids. They are fighting to make Hong Kong a home of freedom, democracy and rule of law… Mr. President, the United States is suffering from the pandemics caused by the Chinese Communists… Hong Kong has become the largest money laundry center…Sanction all these communist entities…We all know the end of Hong Kong is near.”

The defense asked whether Lai was involved in the production of the video before its release. Lai said he was not and had not seen the video until court; he also disagreed with its content. Regarding Elmer Yuen’s call at the end of the video for American companies to withdraw from Hong Kong, Lai said, “Hong Kong has a value as Hong Kong is the International Financial Center. I think that was very important for Hong Kong to sustain their financial center status.”

When asked if there were other parts he disagreed with, Lai said he did not agree with the mentions of young people being raped or murdered, stating that there was no proof of such incidents. (“Some young people were raped, there was no proof of it. And some people were murdered and there was no proof of it.”)

The Witness