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Day 121: January 20, 2025

The Witness: Jimmy Lai Case | Lai Confirms Introducing Former U.S. Consul General to Tsai Ing-wen, Denies Acting as Agent for Taiwan or U.S.

Jimmy Lai, founder of Next Digital, is charged with “conspiring to collude with foreign forces” and other offenses. On Monday, the 121st day of the trial was held at West Kowloon Magistrates’ Court, which is temporarily serving as the High Court. Lai gave testimony for the 29th day.

The prosecution focused on Lai’s relationship with former U.S. Consul General to Hong Kong James Cunningham. Lai testified that he introduced Cunningham to then-Taiwan President Tsai Ing-wen, knowing Taiwan needed connections in the U.S., and acknowledged paying for Cunningham’s travel expenses to Taiwan. However, he denied acting as a middleman or agent for either the U.S. or Taiwan.

Lai also confirmed that Cunningham and Tsai met in 2018, with him present at the meeting. Cunningham reportedly explained how he could assist Taiwan in the U.S., but Tsai made no decisions during the meeting, and no consensus was reached.

The trial will resume Tuesday.

Lai Claims Over HK$1 Million Paid by Apple Daily Taiwan to Antonio Chiang Was a Misunderstanding

The prosecution continued Monday to question Jimmy Lai about his relationship with Antonio Chiang, described as a close aide to then-Taiwan President Tsai Ing-wen. The court previously noted that Apple Daily Taiwan paid Chiang about NT$200,000 per month from 2017 to 2020, totaling more than HK$1 million.

Lai testified that this was a misunderstanding and expressed shock upon learning Chiang was receiving payments from Apple Daily Taiwan without contributing articles. He said he instructed colleagues to stop the payments, attributing the issue to negligence. Lai added that he did not ask Chiang to return the funds, describing the situation as awkward.

The prosecution suggested the payments were for “consultation” services and that Chiang acted as an intermediary between Lai and Tsai. Lai denied this, saying his assistance to Tsai was on behalf of Chiang’s superior and questioning why he would need to pay Chiang.

Judge Alex Lee raised concerns about Lai previously paying more than HK$10 million for consultations involving retired U.S. General and former Vice Chief of Staff Jack Keane and former Deputy Secretary of Defense Paul Wolfowitz for Tsai. The judge questioned why Lai bore the expense for the Taiwanese government. Lai explained that Taiwan is the only Chinese-speaking democracy and that he had significant business interests there, but emphasized that the consultation project was unrelated to his media business.

The prosecution presented an Aug. 28, 2017, message from Lai to Chiang in which Lai mentioned recruiting retired U.S. generals to improve Taiwan’s military and hiring “top-notch diplomats” to reset diplomatic relations in Washington. Prosecutors asked if Lai intended to use Taiwan as leverage against China. Lai denied that it was his proposal.

The prosecution noted that after the implementation of the National Security Law, Lai repeatedly mentioned on his Live Chat program that Taiwan could serve as leverage against China. They questioned whether Lai advocated for the U.S. to adopt a hostile approach toward China using Taiwan. Lai admitted agreeing with the concept of using Taiwan as leverage but denied urging the U.S. to do so, saying he was merely explaining the situation.

Lai Confirms Introducing James Cunningham to Tsai Ing-wen

The prosecution questioned Jimmy Lai about his relationship with James Cunningham, the former U.S. consul general to Hong Kong. Prosecutors referred to a March 2020 message from Lai’s assistant, Mark Simon, which said: “James Cunningham appears to be advising the Biden team. He could guide us to connect with appropriate Biden team members. We hope to gain support or have him discuss the necessity of supporting Apple Daily and press freedom in Hong Kong.”

When asked if the intent was to promote Apple Daily, Lai denied this, stating it was an idea proposed by Simon and that he had not expressed agreement.

Addressing a message from Lai about introducing Cunningham to Antonio Chiang, Lai reiterated that Taiwan lacked sufficient U.S. connections and needed assistance. When prosecutors suggested Lai was eager to act as a middleman to introduce Cunningham to the Taiwanese government, Lai said he was simply willing to help, adding, “The prosecution may interpret it this way, but it is not the fact.”

Lai Denies Using “under the table” Methods to Influence Taiwan Policy

The prosecution presented 2017 messages between Jimmy Lai, Mark Simon, and Antonio Chiang, which stated, “We cannot rely solely on America’s obligations to gain their support; that is not enough.” When asked whether he believed proactive measures were necessary, Lai testified that Taiwan could purchase U.S. energy and goods instead of relying entirely on American obligations for assistance.

Judge Alex Lee questioned the purpose of Lai’s messages to Chiang, asking if Lai intended to influence Taiwan’s policies. Lai denied this, saying he only sought to assist Taiwan, which needed individuals like James Cunningham to help in the U.S., and he hoped then-President Tsai Ing-wen would consider this.

The judge also asked whether Chiang acted as an “under-the-table agent.” Lai responded that Chiang was Tsai’s official aide, not a “hidden figure.” When pressed on whether his messages to Chiang were a covert attempt to influence Taiwan’s policies, Lai emphasized that Chiang was Tsai’s assistant and that his intention was merely to have Chiang convey his ideas to her.

Lai Confirms Meeting with Tsai Ing-wen and James Cunningham in Taiwan; Covered Cunningham’s Travel Expenses

The prosecution cited messages exchanged between Jimmy Lai and Antonio Chiang from October to November 2017, in which Lai mentioned arranging a meeting between Taiwan President Tsai Ing-wen and former U.S. Consul General to Hong Kong James Cunningham to strengthen diplomatic channels with Washington. Lai testified that he paid for Cunningham’s travel expenses to Taiwan but did not provide consulting fees, stating the meeting was not consultancy-related. When asked whether he acted as a middleman, Lai denied the claim, emphasizing that he only introduced Cunningham to Tsai and was not an agent for either Taiwan or the United States.

Lai confirmed that Tsai and Cunningham ultimately met on March 15, 2018, with him present at the meeting. He explained that Cunningham outlined how he could assist Taiwan in the U.S., but Tsai made no immediate decisions, preferring to handle such matters through official channels. No consensus was reached.

The prosecution pointed to Lai’s continued efforts to recommend Cunningham to Tsai through messages to Chiang after the meeting. Lai acknowledged these efforts in court.

Lai Confirms Relaying Opinions of Former U.S. Officials to Antonio Chiang

The prosecution highlighted messages from Jimmy Lai to Antonio Chiang in which Lai relayed comments from retired U.S. Gen. Jack Keane and former Deputy Secretary of Defense Paul Wolfowitz, who described the Trump administration as offering the best opportunity to strengthen U.S.-Taiwan relations. In court, Lai clarified that he was merely quoting the officials’ views without expressing agreement or disagreement, noting that he would relay such messages even if he disagreed with them.

Judge Alex Lee Wan-tang asked whether Lai appeared particularly enthusiastic about the matter. Lai responded that he simply wanted to assist Taiwan. The judge noted that Lai had previously stated the purpose of the consultation project was for Keane and Wolfowitz to explain U.S. attitudes toward Taiwan but suggested Lai’s actions appeared to go beyond that scope. Lai maintained that his efforts were still focused on understanding U.S. views and attitudes.

When the judge pressed further, suggesting Lai’s actions seemed aimed at fostering closer U.S.-Taiwan ties rather than merely explaining opinions, Lai said Taiwan needed to understand U.S. attitudes and views as a foundation for building closer relations.

The prosecution asked whether Lai’s efforts were intended to influence foreign policy. Lai reiterated that his focus was on understanding U.S. perspectives.

The Witness

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