The fourth day of the trial for conspiracy to collude with foreign forces involving “Next Media” founder Jimmy Lai and three related companies of “Apple Daily” was held today (January 2) at the West Kowloon Court (provisional High Court). Before the hearing, the prosecution applied to leave one of the charges of colluding with foreign forces on court file. Lai has pleaded not guilty to the charge of conspiracy to commit collusion with foreign forces and conspiracy to publish seditious publications that he and the three companies face, and one count of conspiracy to commit collusion that he faces alone.

The defendants are Lai Chee Ying, Apple Daily Limited, Apple Daily Printing Limited, and AD Internet Limited, each charged with one count of conspiracy to collude with a foreign country or foreign forces, and conspiracy to publish seditious publications, involving six Apple Daily executives who have pleaded guilty. Lai was also charged with two counts of collusion and conspiracy to collude involving Chan Tsz-wah, Mark Simon, Andy Li, Finn Lau, and others. Jimmy Lai, wearing a dark blue suit jacket, waved and smiled at relatives and friends as he walked out of the court.

The defense argued at the beginning of the trial that the crime of “conspiracy to publish seditious publications” exceeded the six-month prosecution time limit. The prosecution disagreed. After hearing the arguments from both parties, the three presiding judges Esther Toh Lye Ping, S. D’ Almada Remedios and Alex Lee ruled that the prosecution time limit should be from June 24, 2021, the day Apple Daily ceased publication, to December 24 of the same year. The prosecution started when the court received a letter from the prosecution on December 14, requesting to add the charge of sedition. The judges ruled that the prosecution did not exceed the time limit. After the ruling, the defendant asked the court to clarify whether the scope of prosecution should start from June 14.

Lai’s legal team made a brief statement today, reiterating that the injustice caused by “unconsummated conspiracy” was taken into consideration when the Crimes Ordinance was enacted. The prosecution pointed out that the court has already ruled on the issue and there are no other matters that require further consideration and clarification. After consideration, the judges pointed out that the court had given the defense team enough opportunities to argue, but the defense had not raised the issue earlier, and decided to uphold the original verdict, following which the court will continue to try the sedition charge. The court then proceeded to hear the defendant’s statement.

The Witness: Day four of Jimmy Lai’s trial. Prosecution made the opening statement: Lai joins hands with politicians from many countries to push for sanctions

Next Media founder Jimmy Lai and three companies related to Apple Daily were charged with “conspiracy to collude with foreign forces” and other crimes. The prosecution and defendants had disputed the time limit for the prosecution of “conspiracy to publish seditious publications”. The court earlier ruled that the prosecution did not exceed the time limit for prosecution. The case was heard for the fourth day on Tuesday (2nd) at the West Kowloon Magistrates’ Courts (Provisional High Court).

Jimmy Lai formally pleaded in the case this morning. He denied three charges, including two counts of “conspiracy to collude with foreign forces” and one count of “conspiracy to publish seditious publications”, and the remaining one count of “collusion with foreign forces” was left in the court file by the prosecution with the court’s approval.

The case was heard by Esther Toh Lye Ping, S. D’ Almada Remedios and Alex Lee, judges designated by the National Security Law of the High Court. The prosecution was represented by Deputy Crown Prosecution Commissioner Chow Tin Hang and Assistant Crown Prosecution Commissioner Cheung Cheuk-kin; Jimmy Lai was represented by Senior Counsel Robert Pang Yiu-hung, Barrister Steven Kwan and New Zealand Queen’s Counsel Marc Corlett, who is qualified to practice in Hong Kong.

15:30 Prosecution: Lai actively requested the United States to sanction officials who suppressed demonstrations

The prosecution continued that before the implementation of the National Security Law, Lai had actively requested foreign countries to impose sanctions and hostilities against China and the Hong Kong government. For example, Lai met with former US Vice President Mike Pence and former Secretary of State Mike Pompeo to discuss the extradition laws and asked the United States to sanction Chinese and Hong Kong leaders for suppressing demonstrations. In July 2019, Lai visited the United States to meet with the Foundation for Defense of Democracies (FDD). Jack Keane, Paul Wolfowitz, etc. were also present. The prosecution pointed out that Lai repeatedly made malicious accusations during his visit, accusing China of deliberately and gradually occupying Hong Kong through the implementation of the Basic Law’s Article 23 legislation, the “Umbrella Revolution”, and during the anti-extradition bill campaign.

During the meeting, Lai also criticized China’s use of the Fugitive Offenders Ordinance to weaken Hong Kong’s rule of law and human rights and freedoms, describing Hong Kong as having completely lost the rule of law if the CCP can arrest anyone at will. The prosecution pointed out that Lai described the rioters as disciplined and tried to whitewash their violent behavior, while Lai believed that the United States had not provided sufficient support to Hong Kong and should step up action to show support.

The prosecution played a clip of Jimmy Lai’s interview with Jonathan Schanzer, senior vice president of the FDD Research Department, in the United States. Lai spoke in English, “We need to know that America is behind us.” “If we think that we’re starting a cold war with China today, a cold war that’s a war of competing values, and we’re on your side sacrificing our life, our freedom, everything we have, fighting this war in the frontier for you, should you support us? This is something that America has to know, not only supporting us, but use your moral authority in this cold war to win this war in the beginning. Freedom, everything we have, will you support us as we stand before you in this war? This is what America must know, not just support us, but use your moral authority to win in this cold war ”.

14:32 Court begins

Prosecutor Anthoney Chau Tin Hang continued to read the opening statement after lunch break.

12:42 adjournment

12:30 Prosecution: Lai joined hands with politicians from many countries to push for sanctions

The prosecution stated that it would rely on the testimony of five “accomplice witnesses” and WhatsApp messages between Lai and each of them to prove that Lai is the “mastermind” of this case. Of the 161 seditious articles involved in the case, a total of 31 were published after the implementation of the National Security Law, including calls for the United States to impose sanctions against Hong Kong and China.

The prosecution alleged that Lai met with foreign officials many times after June 2019, including former US Vice President Mike Pence and senators. Lai also asked in a meeting with former US Secretary of State Mike Pompeo and others what the United States can do for Hong Kong, and pointed out that the “bad things” done by the Hong Kong government will have consequences.

The prosecution also alleged that before Chan Tsz-wah was arrested, Lai, Chen, Andy Li, Finn Lau and Mark Simon, together with foreign dignitaries, including Luke de Pulford, a researcher at the British human rights organization “Hong Kong Watch”, and Japanese House of Representatives member Shiori Yamao and British banker Bill Browder, requested the United Kingdom, New Zealand, and many European countries to impose sanctions or carry out other hostile actions, including suspending extradition agreements between various countries and Hong Kong, stopping the export of arms to Hong Kong, and restricting trade with China and Hong Kong. The prosecution also pointed out that Lai had extensive overseas contacts and provided instructions to other people involved in the case to promote sanctions.

The prosecution described the roles of each person involved in the case one by one, among which Mark Simon was Lai’s representative and personal assistant. Simon met with people involved in the case in the United States, established multiple communication groups including Lai, and discussed Lai’s article with Wall Street Journal editor Bill McGurn.

In addition, the prosecution mentioned that the former Deputy Chief of Staff of the US Army Jack Keane had a long-term cooperative relationship with the former US Deputy Secretary of Defense Paul Wolfowitz. Keane discussed sanctions with Lai, Simon and Wolfowitz via email, and participated in an on-site interview with Lai in Apple Daily. James Cunningham, the former U.S. Consul General in Hong Kong and Macao, and Benedict Rogers, the founders of the human rights organization “Hong Kong Watch”, and Luke de Pulford were also involved in the case.

The prosecution pointed out that the United States has so far imposed sanctions on 42 Hong Kong people. The prosecution will rely on the testimony of Wang Guiguo, husband of Legislative Council member Priscilla Leung, and chair professor of Chinese law and comparative law at City University, to explain the impact of the sanctions.

11:36 The prosecution reads out its opening statement

Anthony Chau Tin Hang, deputy prosecutor for the prosecution, read out the opening statement, referring to Jimmy Lai as a well-known media businessman and the founder of Apple Daily, and stated that he called himself a supporter of democracy. The prosecution described Jimmy Lai as a “radical political figure” and mentioned that as of June 2021, the total sales of “Apple Daily” exceeded 69 million copies, and as of March 2020, the company’s total revenue exceeded 1.1 billion Hong Kong dollar.

Chau continued to point out that during the social unrest in 2019, Jimmy Lai used “Apple” for political propaganda and conspired with Apple Daily executives and the “Chongguang Team” to collude with foreign forces, which also shows that he is the “mastermind” of the charges.

Regarding the crime of “conspiracy to publish seditious publications”, Chau alleged that a total of 161 seditious articles were involved. The court showed the appendix of the articles, including Jimmy Lai’s column “Success and Failure with a Smile”, the “Live Q&A with Jimmy Lai” video, and also referred to Apple Daily’s launch of its English version online in June 2021.

Lai is accused of conspiring with Apple executives, Mark Simon and three related companies to continue publishing seditious publications and requesting foreign countries to take hostile actions against China and the Hong Kong government. The prosecution mentioned that it will rely on the testimony of former “Apple” executives Cheung Kim-hung, Chan Pui-man, Yeung Ching-kee, and Royston Chow Tat Kuen, etc., proving that they all published relevant seditious articles under Li’s instructions. Lai has accepted many interviews and published at least 22 articles in his column “Success and Failure with a Smile”.

11:30 Jimmy Lai denied three crimes

As the court began to hear the case, the prosecution first applied to put one count of “collusion with foreign forces” against Jimmy Lai on court file, which was approved by the court.

The court clerk then read out the other three charges, and Lai responded “not guilty” in the defendant dock one by one, that is, Lai denied two other charges of “conspiracy to collude with foreign forces” related to “Apple Daily” and the “Speculation Team” , and one count of “conspiracy to publish seditious publications”. The legal representatives of the three companies also denied the charge.

11:24 The defendant wanted to dispute the scope of the sedition charge. The judges refused, claiming that the defendant was “putting new arguments forward in the name of clarification.”

The defendant earlier pointed out that the court ruled to “start prosecution” on December 14, 2021. If the prosecution time limit is 6 months, it should be traced back to June 14, 2021 at the earliest, and the last report involved in the case was published in 2021 June 24, so the charging date should be between the above 10 days; the prosecution opposed the defendant’s new argument.

Judge Toh said that after consideration, she believed that the court had given the defendant ample opportunity to explain its reasoning. She also said that the defendant asked the court to “clarify” the judgment. “But with all due respect, this is a bold attempt to put forward new arguments in the name of clarification.” The defendant’s application was ultimately rejected.

10:07 The defendant planed to further dispute the scope of the charges

The prosecution and defendant’s legal team had previously disputed the time limit for the prosecution of “conspiracy to publish seditious publications”. On December 22, 2023, three judges ruled that the prosecution had not exceeded the time limit. The defense stated that it planned to further dispute the scope of the charge based on the judgment. The judges ordered the prosecution and defendant to submit written submissions in this regard.

At the beginning of the trial, Judge Toh stated that she had read the written submissions of the prosecution and defense. However, she did not receive the reply submissions from the defense until a few minutes before the trial began. Therefore, the case was adjourned for half an hour to read the defense submissions. She asked the defendant’s counsel not to repeat the written submission when giving an oral statement.

10:03 Court starts

9:56 Jimmy Lai entered the court

Jimmy Lai walked into the defendant’s dock wearing a dark blue suit jacket and a white shirt. He was in good spirits, looked towards his relatives and friends with a smile, stood up straight and waved and nodded to them from time to time, and also clasped his hands facing the crowd.

Jimmy Lai charged with 3 counts of colluding with foreign forces

The defendants are Jimmy Lai (76 years old), Apple Daily Co., Ltd., Apple Daily Printing Co., Ltd. and Apple Daily Internet Co., Ltd., who are charged with one count of “conspiracy to publish, publish, sell, offer for sale, distribute, display or reproduce seditious publications,” which refers to their conspiracy with Chung Kim-hung, Chan Pui-man, Law Wai-kong, Lam Man-chun, Fung Wai-kong, Yeung Ching-Kee, and others in Hong Kong from April 1, 2019 to June 24, 2021, to publish, publish, sell, and offer Sell, distribute, display and or reproduce seditious publications.

The group was also charged with one count of “conspiracy to collude with foreign forces.” They were accused of conspiring to request foreign countries or overseas institutions, organizations, and personnel to carry out attacks on the Hong Kong SAR or China by imposing sanctions, blockades, or other hostile actions from July 1, 2020 to June 24, 2021. Except for Jimmy Lai, the remaining six former senior executives pleaded guilty in the High Court earlier, and another charge of “conspiracy to publish seditious publications” was left on court file.

Jimmy Lai separately faces the crime of “conspiracy to collude with foreign forces” and “crime of collusion with foreign forces” alone. It is alleged that from July 1, 2020 to February 15, 2021, he was in Hong Kong with Chan Tsz-wah, Mark Herman Simon, Andy Li, Finn Lau and others conspired to request foreign countries or overseas institutions, organizations, and personnel to impose sanctions, blockade, or take other hostile actions against the Hong Kong SAR or the People’s Republic of China.

The other crime alleges that from July 1, 2020 to December 1, 2020, he requested foreign or overseas institutions, organizations, and personnel in Hong Kong to impose sanctions, blockade, or take other hostile actions against the Hong Kong SAR or the People’s Republic of China.

Ming Pao