The trial of Next Digital founder Jimmy Lai, who is charged with conspiracy to collude with foreign forces, continued Wednesday at the West Kowloon Magistrates’ Court, acting as the High Court, for its 133rd day. It marked Lai’s 41st day of testimony and the 15th day of the prosecution’s cross-examination.

At the start of the session, Judge Esther Toh Lye-ping addressed the court regarding Lai’s repeated self-identification as a political prisoner.

“I just want to make it clear that the accused in this court has made two remarks about being a political prisoner. In this court, we decide cases solely based on the evidence presented and the law applicable to the charge. Whatever a person’s political leanings may be, they remain outside this court,” Toh said. “Everyone is equal before the law and entitled to a fair hearing. That is all I wish to say.”

On Tuesday, during the prosecution’s questioning about the English edition of Apple Daily, Lai testified that he was unaware his column articles had been translated into English. The prosecution then presented a message from his subordinate, Cheung Kim-hung, informing him that his articles would be translated. Lai explained that he had overlooked the message at the time and denied lying to the court.

“You have to understand, my articles being translated into English is not a crime,” Lai said. “But lying in court is a crime. Do you think I would turn something legal into something illegal just to get myself convicted? That would mean I am not only a political prisoner but also an idiot.”

The judge reprimanded Lai, reminding him that he was on trial for criminal charges and warning him against bringing politics into the courtroom.

The case is being heard by High Court-designated National Security Law judges Toh, Susana Maria D’Almada Remedios, and Alex Lee Wan-tang. The prosecution is led by Deputy Director of Public Prosecutions Anthony Chau Tin-hang and Senior Public Prosecutor Crystal Chan Wing-sum. Lai is represented by Senior Counsel Robert Pang Yiu-hung, barrister Steven Kwan, and New Zealand King’s Counsel Marc Corlett, who is licensed to practice in Hong Kong.

The trial will resume next Tuesday (18th).

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Detailed Transcript

16:33 Court Adjourns

16:08 Lai Confirms That Pompeo’s Team Wanted Apple Daily to Cover U.S. Secretary of State’s Meeting with Tiananmen Survivors

The prosecution presented a June 4, 2020, message from Mark Simon to Jimmy Lai, forwarding information along with a Twitter post link:

“Also today, the Deputy Secretary gave a special “International Women of Courage” award to the Tiananmen Mothers”

The message continued:

“The Secretary met with Tiananmen survivors. First time to our knowledge that the massacre anniversary was marked in such a way.”

The prosecution cited Mark Simon, stating that the above information came from Pompeo’s team:

“She hopes Apple can give it some publicity that we can show Pompeo.”

Simon also added:

“They are concerned the message is not reaching the Hong Kong community in the Taiwan community because of the dominance of pro Beijing news organizations.”

The prosecution asked whether the “Pompeo team” mentioned by Mark Simon referred to Mary Kissel. Lai responded that it probably was.

The prosecution then asked whether Mary Kissel wanted Apple Daily to promote the U.S. Secretary of State’s meeting with Tiananmen survivors. Lai replied that Mary Kissel hoped Apple Daily would publish relevant information.

The prosecution pointed out that Lai forwarded Mark Simon’s message to Chan Pui-man, who replied:

“It has already been published today.”

In court, Lai explained that staff had used other news sources for the report and did not use the information provided by Mark Simon.

On the same day, Lai responded to Mark Simon:

“We’ve done big in today’s HK and Taiwan newspapers. Will ask them to publish it again in a different version today.”

The prosecution then presented the June 4, 2020, front-page headline:

“Pompeo Meets Former Student Leaders to Pressure Beijing.”

The next day, a revised version was published with the headline:

“Liane Lee Meets U.S. Secretary of State to Urge Action—‘Tiananmen 2.0 Happening in Hong Kong’.”

15:46 Prosecution Questions Whether Lai’s Request for Live Broadcast of Pottinger’s Speech Was an Editorial Instruction; Lai Denies It

Before moving on to the next topic, the prosecution referred to messages presented in court yesterday, which showed that Jimmy Lai had instructed his assistant, Mark Simon, to contact foreign officials to subscribe to the English edition of Apple Daily, including Matt Pottinger, former U.S. Deputy National Security Advisor.

Lai clarified today that at the time, he only knew that Pottinger worked at the U.S. National Security Council and held a high-ranking position. He acknowledged that Mark Simon and Pottinger had direct contact and had known each other for a long time.

The prosecution presented a May 4, 2020, conversation between Lai and Mark Simon:

Mark Simon:

“Matt Pottinger is going to be doing a big speech tomorrow on China. He’s asked us to share the link and also the speech with our readers. I coordinated with Kim Hung, and he will put it up online at 8:30, just before the speech starts, in order to honor the embargo, but also let people know we have it.

Matt specifically asked for Apple Daily through Christian. Actually, a very strong speech.”

Lai responded:

“Great! Please ask them to put it in a live broadcasting platform called Guǒrán (果燃台) —You mean 8:30 in the morning or evening? Thanks. Jimmy”

Mark Simon replied:

“It’s 8:30 this evening. I will ask Kim Hung to put the connection link up, as it is Zoom. The speech is at 6 am our time, 9 pm…”

Judge Esther Toh Lye-ping asked, “What is ‘Guǒrán’?”

Lai explained that it was derived from the Chinese phrase “as expected” (果然) and was meant to be a fun name.

The prosecution asked, “Is this a live streaming platform?” Lai confirmed that it was.

The prosecution then asked, “Does it include news?” Lai denied this, stating that news was on other platforms.

The prosecution followed up, “What about ‘Live Chat’?” Lai replied that he did not know.

Judge Susana Maria D’Almada Remedios asked, “Was the speech in English?”

Lai replied that it was in Chinese—Pottinger delivered the speech in Mandarin. He stated that he had watched part of the speech but could not recall the content. He believed that when Mark Simon described it as an ‘important speech,’ he was referring to the fact that Pottinger delivered it in Mandarin.

The prosecution asked whether Apple Daily uploaded Pottinger’s speech. Lai responded that Mark Simon had mentioned relaying the message to Cheung Kim-hung.

The prosecution then asked, “Was your request for your subordinates to live stream Pottinger’s speech an editorial instruction?”

Lai denied that it was.

15:23 Break

15:10 Prosecution Questions Lai’s Claim of Not Reading English Edition Commentary, Citing Contradictory Evidence

The prosecution referenced Jimmy Lai’s earlier statement that he occasionally read articles from the Forum section and asked whether he had selected articles from the Forum for the English edition. Lai replied that he did not remember but believed that he had not.

The prosecution then cited a June 12, 2020 message from Lai in the “English News” WhatsApp group:

“Today’s opinion section—Poon Siu-to, Lee Ping, and even articles from protesters can be translated. I assume we all know this, just mentioning it in passing.”

Lai explained that he was merely reminding the team “just in case.”

The prosecution asked whether Lai read the Forum section. Lai replied that he did not read it daily, but on that particular day, he noticed the two articles mentioned in the message, referring to pieces by Lee Ping (Yeung Ching-kee) and Poon Siu-to.

The prosecution then presented another message from Lai, sent shortly after:

“Sorry, I didn’t read carefully at first. This has power struggle content, should be a good highlight.”

The prosecution asked whether Lai read the article, realized it discussed CCP power struggles, and considered it a good article for the English edition. Lai confirmed this.

The prosecution then presented a July 26, 2020 message from Lai:

“Kim-hung, Lo Fung, I think there’s too little news in the English Edition. Although the commentary, etc., is good, news is the priority—we need to find a way to increase it. Thanks, Lai.”

The prosecution pointed out that this message indicated Lai had been reading the English edition’s commentary section. Lai replied that he had viewed it but had not read it in detail.

The prosecution then noted that Lai had written “Although the commentary, etc., is good.” Lai explained that he was referring to the quantity of commentary, not its content.

Judge Susana Maria D’Almada Remedios asked, “This morning, you said you only clicked on the ‘news’ page of the English website and did not access other sections. Is that correct?”

Lai explained that at the time, he was focused on developing the English edition and was concerned about whether there was enough content.

Judge Alex Lee Wan-tang followed up: “So while developing the English edition, you occasionally checked other pages?” Lai confirmed this, saying he was monitoring whether there was sufficient content.

The prosecution then asked, “So your testimony this morning was incorrect?” Lai responded that he had overlooked the English edition’s development phase but emphasized that he rarely clicked on other sections.

The prosecution then asked how long this development phase lasted. Lai said he did not know.

The prosecution asked whether it was an ongoing process. Lai agreed.

The prosecution then pointed to messages from August 2020, showing that Lai was still selecting articles for the English edition. Lai confirmed this.

Judge D’Almada Remedios asked, “Even three months after the English edition was launched, you were still paying attention to it?”

Lai replied that he was gradually reducing the frequency of sending news articles to employees.

The prosecution then asked whether staff eventually understood Lai’s stance and considerations in selecting articles for the English edition.

Lai replied that it was not just him—other group members also suggested articles, and once the English edition was properly established, he gradually sent fewer articles until he eventually stopped.

14:50 Apple Daily Headline Mentions “777”; Judges Ask for Explanation

The prosecution presented a series of news article photos that Jimmy Lai had sent to Fung Wai-kong after the National Security Law (NSL) took effect, including:

• “National Security Office’s Unlimited Powers Undermine Hong Kong Judiciary” (July 1, 2020)
• “Draconian Law Takes Effect—One Country, Two Systems Sealed in a Coffin”
• “Tailor-Made Repression—Four Offenses Punishable by Life Imprisonment”
• “777 Insisted Judicial Independence Remains Before the UN”

The prosecution asked whether Lai had read these reports before sending them. Lai responded that he did not know whether he had read the full content.

The prosecution asked whether Lai wanted Fung to include these reports in the English edition. Lai reiterated that he was helping to build up the English edition.

Judge Esther Toh Lye-ping then asked, “What does ‘777’ mean?” The prosecution explained that it referred to Carrie Lam, the then Chief Executive of Hong Kong. Judge Toh followed up, “Why 777?” Lai replied that it was a nickname for Carrie Lam.

Judge Susana Maria D’Almada Remedios asked, “Is it a derogatory term?” The prosecution also inquired whether it had a negative connotation. Lai agreed.

The prosecution then presented another message from Lai to Fung Wai-kong, sent on the same day, in which Lai forwarded the article “Cardinal Joseph Zen: No Confidence in Maintaining Religious Freedom.” Lai wrote:

“I hope the above would have English editions later.”

The prosecution asked whether this was an instruction from Lai. He reiterated that he was helping to build up the English edition’s content. The prosecution then asked, “So you were providing input?” Lai agreed.

The prosecution presented additional messages from July 14, 2020, in which Lai sent Fung photos of the following Apple Daily articles:

• “LegCo Primary Election E-Vote Results: Localists and Independents Win by a Landslide.”
• “Police Raided Hong Kong Public Opinion Research Institute—Accessed All Computer Systems—Data Leak Sparks National Security Surveillance Fears.”
• “Government Sued for Concealing Pandemic—Court Refuses to Accept Case—Families of COVID-19 Victims Protest—Officials Use NSL as Intimidation.”

The prosecution noted that after sending these article photos, Lai told Fung:

“Above news have English edition please forward for me for my Twitter.”

Lai confirmed that he had sent this message.

The prosecution also revealed that on August 26, 2020, Lai sent more news articles in the “English News” WhatsApp group, including:

• “China Imports 100 Million Tons of Food Annually—Struggles with Self-Sufficiency.”
• “CCP’s Authoritarian Food-Saving Campaign Is a Farce—Experts: Policy Won’t Last Six Months.”

Judge Alex Lee Wan-tang inquired about the section of the newspaper these reports belonged to, noting that the reports mentioned cross-strait issues. Lai explained that they were from the Cross-Strait section’s special feature.

The prosecution asked whether Lai read the print edition of Apple Daily every day. Lai agreed, but noted that when he was overseas, he could not access the print edition and would sometimes read the Chinese online version, but he did not read the online English edition.

14:33 Lai Confirms That He Continued Sending Reports for English Edition Publication After the National Security Law Took Effect

The prosecution presented a May 11, 2020, message from Cheung Kim-hung in the “English News” WhatsApp group, stating:

“Boss, after discussion, we have set a preliminary approach for the English Newsletter… Content: Each day, we will select a few articles from the editorials, forum, and columnists, as well as key resistance news and feature stories of the day, which will be translated or summarized into a daily newsletter. Every Sunday, we will compile Success and Failure with a Smile and selected content from the week into a weekly version. Wai-kong is arranging for external translators, around 3 to 5 people…”

The prosecution asked whether Lai and his colleagues had an agreement to select articles from various sections such as editorials and the forum. Lai agreed.

The prosecution then presented a message from Cheung Chi-wai, then director of Next Digital’s video news department, who wrote in the group chat:

“Everyone, today (the 31st), we officially launched the English Apple Daily app page—it’s now live,” attaching a related screenshot.

The prosecution asked whether, based on Lai’s earlier testimony, he was involved in the initial development of the English edition, including selecting articles. Lai agreed but clarified that he was only making suggestions. When asked how long he was involved in the development phase, Lai said he could not remember.

The prosecution further pointed out that on June 28, 2020, Lai sent two photos of printed Apple Daily articles to Fung Wai-kong. The articles were titled:

1. “Security Law to Be Passed in Two Days—Beijing’s Liaison Office to Operate on July 1—Violators Could Face Life Imprisonment Under Draconian Law.”
2. “Felix Chung Kwok-pan: ‘The Autonomy Act’ Poses a Serious Threat to the Business Sector.”

Lai messaged Fung:

“Lo Fung, hope these two items of news have an English edition later.”

The prosecution then revealed that on the same day, Lai also sent another photo of a news article titled:

“First July 1 Protest Ban Since 2003.”

The prosecution asked whether Lai intended for this report to be included in the English edition as well. Lai agreed.

The prosecution then asked whether Lai continued sending reports to Fung Wai-kong for publication in the English edition even after the National Security Law (NSL) took effect. Lai confirmed that he did.

The prosecution then questioned whether the articles Lai selected aligned with his views and stance, suggesting that he wanted the English edition to inform foreign readers about what was happening in Hong Kong. Lai agreed.

The prosecution asked whether Lai only sent news reports to Fung. Lai responded that he could not remember whether he had also sent photos of editorials or feature stories, but stated that he primarily sent news reports, as news was the main focus of the English edition.

The prosecution pressed further, asking whether Lai had also sent editorials and opinion columns to Fung. Lai replied that he could not remember.

12:48 Lunch

12:35 Lai Confirms That He Directed Article Selection During the Early Stages of the English Edition

The prosecution presented a June 15, 2020, WhatsApp message from Jimmy Lai to Fung Wai-kong, in which Lai sent a news link in simplified Chinese with the headline:

“New High School Curriculum Reintroduces ‘Mao Zedong Thought’—A Major Political Signal.”

Lai then messaged Fung:

“Lo Fung, has this news been included in the English edition? Thanks, Lai.”

Fung replied, “Not yet.”

Lai responded, “Please do it as soon as possible. Thanks, Lai.”

Lai clarified that this link was not from an Apple Daily report.

The prosecution asked whether Lai, upon seeing a news article, would follow up with Fung Wai-kong to check if it had been published in the English edition, implying that this was an instruction. Lai denied this, stating that he simply thought the content was important and suitable for the English edition.

The prosecution then pointed out that Lai wanted the news to be included and even said “Please do it as soon as possible,” suggesting that he was highly interested in ensuring its publication. Lai confirmed this.

Judge Esther Toh Lye-ping asked whether Lai acknowledged that this was a directive to Fung. Lai insisted that he was merely suggesting an article he found interesting, which did not constitute an instruction, and reiterated that the linked article was not from Apple Daily.

The prosecution then presented another instance from June 28, 2020, in which Lai sent two photos of printed Apple Daily articles to Fung. The articles were titled:

1. “Security Law to Be Passed in Two Days—Beijing’s Liaison Office to Operate on July 1—Violators Could Face Life Imprisonment Under Draconian Law.”
2. “Chung Kwok-pan: ‘The Autonomy Act’ Poses a Serious Threat to the Business Sector.”

Lai messaged Fung:

“Lo Fung, hope these two items of news have an English edition later.”

The prosecution then argued that Lai would select reports from Apple Daily that he deemed important and ensure their inclusion in the English edition. Lai explained that since the English edition was newly established at the time, he would occasionally suggest suitable news for inclusion. However, he emphasized that others were also involved in building the English edition, not just him.

The prosecution challenged Lai, stating that this contradicted his earlier testimony, in which he claimed that he had not requested articles to be translated or included in the English edition. Lai admitted the inconsistency but explained that this only occurred during the early stages of the English edition’s launch.

Judge Susana Maria D’Almada Remedios pressed Lai, pointing out that his earlier testimony denied making such requests, whereas his current testimony acknowledged doing so. Lai confirmed the contradiction, explaining that the English edition was in its experimental phase at the time, requiring trial and error in content selection. He admitted that he had overlooked this early stage in his previous testimony.

The prosecution then asked how long this phase lasted. Lai responded that once he felt staff had understood the process and reached a consensus, he stopped directing them to find news.

The prosecution further pressed, asking whether selecting articles was Lai’s responsibility at the time. Lai responded that it was part of the process of establishing the English edition, but once Fung Wai-kong became familiar with the process, he stopped giving instructions.

12:07 Lai Says Request to Stop Reporting Non-China News Was a Business Decision on Resource Allocation

The prosecution continued questioning Jimmy Lai about columnist Yi Jian Piao Chen’s article “Will the U.S. Sanction Carrie Lam?” The prosecution asked whether, since the Forum section was overseen by Yeung Ching-kee, his lack of vigilance allowed the article to be published. Lai reiterated that he did not know whether the article advocated for sanctions, but if it merely posed a question, that might have been why it was allowed. He added that it was unlikely three senior editors would have approved it if it had explicitly called for sanctions.

The prosecution then asked if Cheung Kim-hung, who was Yeung Ching-kee and Fung Wai-kong’s superior, had also been negligent. Lai responded that he did not know whether Cheung had read the article. The prosecution followed up, asking whether Ryan Law Wai-kwong’s superior was Chan Pui-man. Lai clarified that Law also reported to Cheung Kim-hung.

The prosecution then asked whether all senior management had been negligent in allowing the article’s publication. Lai disagreed, reiterating that he did not know whether the article merely raised a question or advocated sanctions, and emphasized that if the senior editors had read and determined that it did not promote sanctions, then it was permissible to publish.

The prosecution then presented a WhatsApp conversation from the “English News” group on August 26, 2020, in which Lai sent a message to Fung Wai-kong:

“Lo Fung, do we need this kind of news that has nothing to do with China and all major English newspapers have published it? I wondered.”

Lai attached a link to an Apple Daily article titled: “Republicans Say Biden Is Good for Iran and ISIS, Great for China.”

Fung responded:

“I am trying to include a few stories on international news as our readers are from all parts of the world and they may want to know a bit about major news happening around the globe, especially important news like the U.S. election.”

Lai later replied:

“I don’t think this kind of news is needed since wherever they come from, their local news media should have covered it. I rather think that we should focus on Chinese news and be known for it without dilution.”

Fung responded:

“Ok, will stop running international news from today.”

The prosecution asked whether Lai’s message instructed Fung to stop publishing certain types of news. Lai denied this, stating that it was not an editorial directive but a business decision—since the English edition had limited resources, they could not cover everything and should focus on their core strength.

The prosecution then asked whether the focus was on negative news about China. Lai responded that the focus was on ensuring that China-related news remained prominent, without being diluted.

Judge Esther Toh Lye-ping asked whether Lai’s directive to Fung Wai-kong was to concentrate on reporting China-related news. Lai clarified that his directive concerned “what” should be covered, while his discussion with Fung was about “how” to execute it—specifically, how to manage content selection for the English edition.

The prosecution asked whether Lai not only gave directives but also monitored the development of the English edition. Lai responded that the English edition had just launched at the time. The prosecution then asked whether Lai had dictated which news should be included in the English edition. Lai reiterated that this was about business focus.

The prosecution then asked whether, when reading the print edition of Apple Daily, Lai identified stories of interest and instructed staff to translate them for the English edition. Lai denied this, stating that he had not instructed staff to translate articles.

Lai further explained that he did not read the news with the intent of selecting stories for the English edition, saying, “That’s not my job.”

The prosecution repeatedly pressed him on whether he had ever done this, and Lai insisted that he had not.

11:26 Break

11:10 Judge Questions Apple Daily Publishing Articles on Sanctions After National Security Law; Lai: Trusted Colleagues to Vet Content

The prosecution presented a second article written by columnist Yi Jian Piao Chen, published in Apple Daily on July 18, 2020, titled “Will the U.S. Sanction Carrie Lam?” Jimmy Lai stated that he had not read the article.

The prosecution pointed out that Yeung Ching-kee had received Lai’s instruction to find more writers and ultimately arranged for Yi Jian Piao Chen to contribute articles. The prosecution asked whether Lai also believed the writer was good. Lai confirmed this, explaining that after the first article, he would read it to assess its quality, and if he found it well-written, he would instruct Yeung to follow up, after which his responsibility was complete.

The prosecution then asked whether Lai, when glancing at Apple Daily, would have noticed the headline “Will the U.S. Sanction Carrie Lam?” Lai responded that he would not necessarily have noticed it, explaining that he sometimes read headlines but not always. The prosecution further questioned whether the article’s headline was related to Lai’s efforts to seek international support at the time. Lai responded, “Not about sanctions.”

The prosecution pressed on, asking whether Lai had advocated for sanctions before the National Security Law (NSL) took effect. Lai confirmed that he had. The prosecution then asked whether he was aware that this article had been translated into English and published in the Apple Daily English edition. Lai replied that he did not know.

Judge Alex Lee Wan-tang raised concerns that the article was published after the NSL had come into effect. He noted that Lai had previously testified that he had reminded his subordinates to avoid violating the law and asked why his subordinates had allowed this article to be published after the NSL’s enactment. Lai responded that he trusted Yeung Ching-kee to ensure proper vetting.

Judge Lee then asked, “Looking back now, does this mean Yeung did not follow your instructions at the time?” Lai speculated that perhaps the article did not explicitly mention sanctions, or that Yeung might have overlooked something, emphasizing that Yeung himself was not an advocate for sanctions.

Judge Lee pressed further, “So Yeung was careless in handling the article?” Lai replied, “You could say that.”

Judge Lee then inquired about the Apple Daily website, which was managed by Ryan Law Wai-kwong, and asked if Law was also careless in allowing the article to be published. Lai suggested that staff might have believed the article referred to past sanctions.

Judge Esther Toh Lye-ping challenged this explanation, pointing out that the title “Will the U.S. Sanction Carrie Lam?” was clearly not about past events. Lai responded that the article might have referenced past sanctions, reiterating that he had not read it and was unaware of its contents.

The prosecution followed up, asking if Law had also overlooked the issue. Lai replied, “You could say that,” reiterating that staff may have assumed the article discussed past sanctions, that the U.S. would not impose new sanctions, and that the content did not advocate for sanctions, so they believed it was permissible to publish.

The prosecution then presented the English version of the article. Lai stated that he was unaware that it had been translated. Judge Lee Wan-tang noted that the English edition was overseen by Fung Wai-kong at the time. Lai confirmed this.

The prosecution asked whether Lai had approved Fung’s decision to publish the article. Lai responded that Fung did not need his approval.

10:45 Prosecution Questions Apple Daily Column Content

The prosecution presented an editorial by Yeung Ching-kee, published on July 14, 2020, titled “The CCP’s Repression and the Ineffectiveness of Sanctions Should Not Be Feared.” Jimmy Lai stated that he had not read the article and was unaware of its translation into English.

The prosecution asked, “Does an editorial represent the newspaper’s stance?” Lai responded, “It should.” The prosecution followed up, “Even so, you were not interested in reading editorials?” Lai replied that he was not interested.

The prosecution then asked if Lai had paid attention to the writer Yi Jian Piao Chen (pen name一劍飄塵) . Lai responded that Yeung Ching-kee had recruited him to write a column and that he had read and liked his articles. The prosecution asked if Yeung had approached Yi Jian Piao Chen at Lai’s request. Lai stated that he had asked Yeung to find more writers and that he liked Yi Jian Piao Chen’s work after reading his first article. The prosecution then asked whether Lai continued reading his articles afterward. Lai said he could not remember.

The prosecution presented a conversation between Lai and Yeung Ching-kee from June 24, 2020, in which Lai sent Yeung a photo of an article titled “Do Not Equate BLM with the Anti-Extradition Movement.” Lai wrote:

“Lee Ping, this is the best-written full-page article. Thank you, Lai.”

Yeung responded:

“This author is a new find. Thanks for the encouragement.”

Lai replied:

“Great author, knowledgeable about the issue and has a strong theoretical foundation. Thank you. Lai.”

The prosecution asked, “What is BLM?” Lai answered, “Black Lives Matter.”

The prosecution then noted that the article described Yi Jian Piao Chen as a Chinese writer residing in the U.S. and asked if he was living in the U.S. Lai responded, “He should be.”

Citing a passage from the article, the prosecution read:

“For Hong Kong’s pro-democracy camp, there is no need to worry about whether the U.S. left or right supports you. As long as you uphold democratic principles, the American people will support you. Trust in the U.S. political system—both the left and the right ultimately represent the people.”

The prosecution asked whether Yi Jian Piao Chen’s stance aligned with Lai’s in advocating human rights and democracy. Lai replied, “That is Yi Jian Piao Chen’s stance, which is also the stance of many people.” The prosecution asked, “Including you?” Lai agreed.

Finally, the prosecution asked whether, after reading this article, Lai had instructed Yi Jian Piao Chen to continue writing for Apple Daily. Lai responded that he could not remember.

10:25 Lai Says He Rarely Read Yeung Ching-kee’s Articles and Was Unaware of His Support for Sanctions

The prosecution cited Jimmy Lai’s testimony, stating that he had previously sought writers to contribute column articles. Lai clarified that this was for the Chinese edition, not the English edition, but acknowledged that he had asked his assistant Mark Simon and former South China Morning Post editor-in-chief Mark Clifford to find writers for the English edition, though neither responded. When asked who wrote for the English edition at the time, Lai said he did not know.

The prosecution then referred to a message shown in court the previous day, in which Cheung Kim-hung stated in the “English News” group chat on May 12, 2020, that he was arranging for Lai’s column “Success and Failure with a Smile” to be translated into English. Lai confirmed that he had overlooked this message.

The prosecution presented an editorial written by Yeung Ching-kee (pen name Lee Ping) titled “Sanctioning Human Rights Abusers Is the Most Effective Approach”, published on June 13, 2020, and asked if it had been translated into English. Lai said he could not recall.

When asked whether he read the Apple Daily editorial section, Lai replied that he rarely did, as he typically only checked the newspaper’s quality, such as layout and important news, rather than columns. However, he noted that he read the supplementary section daily.

Judge Alex Lee Wan-tang asked about Fung Hei-kin, whom Lai had mentioned the previous day. Lai explained that Fung was a supplementary section columnist, and he only read the columns of good writers, such as Fung. Lai reiterated that he rarely read editorials but would occasionally read those by Ngan Shun-kau.

The prosecution then asked how Lai decided which editorials to read. Lai replied that he did not know—it depended on his interest that day.

The prosecution asked whether Yeung Ching-kee’s article “Sanctioning Human Rights Abusers Is the Most Effective Approach” would have interested him. Lai responded that he rarely read Yeung’s articles because Yeung was the Forum section editor.

Judge Susana Maria D’Almada Remedios asked why that mattered. Lai explained that since Yeung had been writing for Apple Daily for many years, his articles were nothing new to him—he already understood Yeung’s thoughts and writing style, so he rarely read them.

The prosecution then asked whether Yeung’s writing aligned with Lai’s stance. Lai replied, “I never said that.” When the prosecution pointed out that Lai had said he understood Yeung’s thinking, Lai responded that Yeung’s mindset and writing style were consistent with his own.

Judge Esther Toh Lye-ping asked, “And does that also mean his beliefs align with yours?” Lai stated that he had read Yeung’s articles when he first joined Apple Daily, but over the years, he rarely did.

Judge Toh then asked, “Because you already knew his views?” Lai replied, “Because he writes too long.”

Toh followed up, “Would you describe Yeung’s writing as being in line with your views?” Lai hesitated, saying, “Maybe not,” explaining that Yeung was from China and that he was not very familiar with him.

Toh pressed further, “But generally speaking, his views are consistent with yours?” Lai agreed.

The prosecution then asked whether Lai knew that Yeung had supported and advocated for sanctions at the time. Lai said he did not know, reiterating that he rarely read Yeung’s articles.

When asked whether he was aware of Yeung’s articles being translated into English, Lai said he did not know and had never checked the online English opinion section.

The prosecution then presented the English editorial section of Apple Daily, which featured a title with the label “Apple Daily HK”. Judge Susana Maria D’Almada Remedios asked Lai what this was. Lai replied that he did not know.

Judge D’Almada Remedios then questioned, “Didn’t you say yesterday that you focused on Apple Daily’s daily operations?” Lai countered that having some words in parentheses in a title was not a significant issue, adding that even if he had seen it at the time, he would not have asked about it.

10:15 Lai Says He Was Only Interested in News in the English Edition, Did Not Pay Attention to Hot Topics or Commentary

The prosecution continued questioning Jimmy Lai about the English edition of Apple Daily. Citing Lai’s previous testimony, the prosecution stated that since columnist Sang Pu advocated for Hong Kong independence, Apple Daily would not use his content. Lai further explained in court that, upon being informed by Cheung Kim-hung about Sang Pu’s political stance, he chose not to use Sang Pu’s work in political columns.

The prosecution then presented Lai’s column “Success and Failure with A Laugh”, published on August 23, 2020, titled “A New Era is Coming”, and asked whether Lai was aware at the time that the article had been translated into English. Lai responded that he did not know at the time but is now aware.

The prosecution asked, “Did you not read the English edition at the time?” Lai replied that he did, but usually only checked the number of news articles. The prosecution pointed out that the Apple Daily website had four sections: news, hot topics, features, and commentary. They then asked Lai, “When you previously mentioned that there weren’t enough articles, which category were you referring to?” Lai responded, “News.”

The prosecution followed up, “What about hot topics and features?” Lai stated that he was only concerned with news.

Judge Alex Lee Wan-tang asked, “What are hot topics?” Lai responded that they might be major or interesting news stories, but he did not pay attention to them. Judge Esther Toh Lye-ping then asked, “So you were guessing?” Lai agreed.

The prosecution asked, “So you did not pay attention to hot topics or commentary?” Lai agreed. The prosecution then asked, “What about features?” Lai described them as news stories that required follow-ups, adding that interviews were dialogues.

The prosecution asked, “What type of interviews?” Lai responded that it depended on the journalist.

Finally, the prosecution asked, “So what you mean is that you only read the news in the English edition?” Lai agreed. The prosecution followed up, “And you were not interested in the other sections?” Lai agreed.

10:12 Judge Esther Toh Lye-ping Reiterates That Defendant’s Political Stance Is Irrelevant to the Case; Judges Rule Based on Evidence and Law

Before the prosecution’s questioning, Judge Esther Toh Lye-ping proactively addressed Jimmy Lai’s repeated self-identification as a political prisoner in court. She stated, “I just like to make it clear the accused person in this court has made two remarks about him being a political prisoner. Now in this court we decide the case only on the evidence that we hear, and on the law pertaining to the charge, whatever a person’s political leaning may be remained outside this court. Everyone is equal before the law, and everyone who comes before this court are equal, entitled to a fair hearing. So this is all I wish to say.”

Prosecutor Anthony Chau Tin-hang then asked Jimmy Lai, “Mr. Lai, do you understand Judge Toh’s remarks?” Lai remained silent. The prosecution then asked again, “You understand, don’t you?” Lai then responded, “Continue, please.”

10:10 Court in Session

The Witness