Jimmy Lai, founder of Next Digital and three Apple Daily companies, is charged with “conspiracy to collude with foreign forces” among other charges. The prosecution previously completed its presentation of evidence, and both sides have made their interim submissions. On Thursday, the 92nd day of the trial at the West Kowloon Magistrates’ Courts (acting as the High Court), the three judges ruled that all charges against Lai were substantiated. Following consultation, the defense indicated that Lai intends to testify and plans to call an expert on Signal. The case has been adjourned to November 20 for further proceedings.

Lai appeared in court wearing a gray suit, accompanied by his wife and children. A 101-year-old supporter, known as “Uncle Wong,” also attended. Some audience members made heart gestures towards Lai, who responded with a smile and nod. As the court adjourned, supporters called out to Lai, “Take care” and “Hang in there.”

Defense: Main questioning expected to take about 5 days

The prosecution revealed today that they had just learned about the defense’s expert evidence related to Signal. The defense emphasized that this pertains only to technical issues, and they expect to provide the relevant report to the prosecution within 7 days. Additionally, they estimated that the main questioning would require about 5 days. Jon K.H. Wong, representing the three companies, indicated that there is no defense case.

Judge Alex Lee Wan-tang expressed concern over the large amount of data involved in the case, noting that the prosecution’s cross-examination might need twice the usual time, and estimated that the trial might need an additional 3 to 4 weeks. Judge Esther Toh Lye-ping pointed out that although there are two available trial days in August, all three judges have other cases scheduled from September to October. She suggested it would be inappropriate to interrupt Lai’s testimony and recommended postponing the trial. After discussion, the defense agreed to the earliest possible court date, November 20, to resume the trial.

Judge Lee then inquired whether there was a need to schedule sessions in December. The defense anticipated that their case presentation would require about 30 working days. Ultimately, the trial was postponed to continue on November 20.

Defense: No illegal agreements after the National Security Law

Prosecution: Lai’s Twitter, shows are evidence

During Wednesday’s mid-trial statements, the defense argued that freedom of the press and freedom of speech are protected under the Basic Law, serving as the “fourth estate” to monitor or criticize the government. They noted that correcting government errors is exempt from sedition charges. The defense also argued that the prosecution could only prove Lai’s intentions before the National Security Law took effect, not after, and that the law rendered previously legal actions illegal, thus automatically nullifying any “legal agreements.”

The prosecution countered that the agreements in the case did not automatically become invalid with the enactment of the National Security Law. They cited direct evidence from co-conspirator testimony, Lai’s interview programs, and his column articles, all demonstrating that Lai continued to participate in the agreements after the law took effect.

The trial started last December 

The trial of Jimmy Lai’s national security case began on December 17, 2023. Key figures from Apple Daily including Cheung Kim-hung, Chan Pui-man, and members of the “Fight For Freedom. Stand With Hong Kong” team like Andy Li testified as prosecution witnesses. The prosecution concluded its evidence presentation in June 2024.

The case is being heard by designated National Security Law judges at the High Court: Esther Toh Lye-ping, Susana Maria D’Almada Remedios, and Alex Lee Wan-tang. Representing the prosecution are 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. Representing Jimmy Lai are senior barrister Robert Pang Yiu-hung, barrister Steven Kwan, and New Zealand Queen’s Counsel Marc Corlett, who is qualified to practice in Hong Kong.