The prosecutors finalized their opening submissions of their case against Jimmy Lai on Thursday (January 4). The court will resume next Monday (January 8). The prosecution is expected to read out the admitted facts. “The Witness” integrates the contents of the opening statements of the three consecutive days in court to make it easier for readers to understand the key points of the trial.

In regards to the “crime of conspiracy to publish seditious publications” and “the crime of conspiracy to collude with foreign forces” related to “Apple Daily”, the prosecution alleged that Jimmy Lai used the media as a platform to conspire with senior executives of “Apple Daily” to publish 161 seditious publications, including news reports, advertisements, Lai’s columns, etc. to call on the masses to take to the streets, advocating hatred for the regime and requesting foreign countries to impose sanctions on China and Hong Kong. The prosecution also alleged that Lai directed the launch of the newspaper’s English version and asked his colleagues to focus on reporting “yellow” views (supportive of the city’s protest movement) and “not target Trump” in order to win the support of overseas readers.

In addition, the prosecution accused Lai of being a “radical political figure” who, under the guise of fighting for freedom and democracy, repeatedly contacted politicians from many countries, including meeting with then-U.S. Vice President Mike Pence, requesting sanctions on China and Hong Kong. They also accused him of opening a Twitter account, tracking and labeling foreign politicians to increase his international influence.

As for the “crime of conspiracy to collude with foreign forces” related to the “SWHK Team”, the prosecution alleged that Lai was the mastermind behind the scenes and paid NT$5.1 million for advertisement in newspapers. The prosecutors said he, at the guidance of Chan Tsz-wah, directed Andy Li, Finn Lau and others to organize the “global newspaper campaign,” requesting foreign countries to put pressure on China. The team also organized the “U.S. Line”, “UK Line” and “Japan Line” to establish international contacts and lobby foreign politicians to promote sanctions.

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Table of Contents

1. Prosecution: Lai ordered the Patten interview and call for the public to take to the street during the anti-extradition bill protests
   
2. Prosecution: Before the National Security Law came into effect, Lai ordered the launch of Apple Daily English version
   
3. Prosecution: Apple Daily published 161 seditious publications to sway public opinion
   
4. Prosecution: Even after the National Security Law came into effect, Lai still requested sanctions and continued to command operations while in custody
   
5. Prosecution: Lai is a “radical political figure.” Prosecutors displayed political affiliation map in court
   
6. Prosecution: Lai is the mastermind of the “SWHK Team” and supported the global newspaper ad campaign, and organized other international campaigns.

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Prosecution: Lai ordered the Patten interview and call for the public to take to the street during the anti-extradition bill protests

Jimmy Lai was charged with one count of “conspiracy to publish seditious publications” and two counts of “conspiracy to collude with foreign forces.” According to the opening statement, Li and six former “Apple Daily” executives, namely publisher Cheung Kim-hung, deputy publisher Chan Pui-man, editor-in-chief Ryan Law Wai-kwong, executive editor Lam Man-chung, English edition executive editor Fung Wai-kong, lead editorial writer Yeung Ching-kee, as well as the “SWHK Team.”

Regarding the charges related to “Apple Daily”, the prosecutors accused Jimmy Lai of being the mastermind of the case, using the media as a platform to incite hatred against the Hong Kong government and the central government, and colluding with foreign forces. The prosecution listed the instructions given by Lai to senior staff, including that in March 2019, Lai asked Cheung Kim-hung to report that former Chief Secretary for Administration Anson Chan met with then US Vice President Mike Pence to discuss the Fugitive Offenders Ordinance, describing it as ” “big news”, and also instructed staff to interview former Hong Kong Governor Chris Patten and Causeway Bay Bookstore Manager Lam Wing-kee to call on the masses to take to the streets.

On June 10 of the same year, the prosecution alleged that Lai told Chan Pui-man that the suspension of the legislative amendment was just a government tactic and that citizens should continue to demonstrate. Five days later, Apple Daily published the article titled “the evil law is to be suspended but not withdrawn on the eve of the demonstration. Carrie Lam’s tactic to delay the protests. We will still take to the streets tomorrow.” In July of the same year, Lai instructed Chan to report on protesters storming the Legislative Council, in order to garner public support and sympathy for the young demonstrators, and also asked her to arrange an interview with the former deputy secretary-general of the Students Union, Lester Shum Ngo-fai. In October of the same year, Lai asked Chan Pui-man to interview himself after he met with Nancy Pelosi, then Speaker of the House of Representatives.

In addition, the prosecution mentioned that during the anti-extradition movement, Apple Daily’s subscriptions increased significantly. Lai and Cheung Kim-hung discussed implementing an online subscription system for Apple Daily and donating one-third of the income to the Civil Human Rights Front to support the demonstrators. When the online version reached 300,000 subscriptions, “Apple Daily” informed readers that it would donate HK$300,000 to the coalition’s fund.

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Prosecution: Before the National Security Law came into effect, Lai ordered the launch of Apple Daily English version

Before the National Security Law came into effect in 2020, the prosecution alleged that Lai instructed Cheung Kim-hung in May to organize the “One Person, One Letter to Save Hong Kong” campaign and invited Hong Kong citizens to write to then US President Donald Trump, requesting him to take action against the National Security Law.

Lai also responded to the suggestion of Christian Whiton, a senior adviser of the U.S. State Department at the time, to add English news to Apple Daily’s operation to increase support from overseas readers. The prosecution alleged that he instructed his subordinates to focus on reporting “yellow” views and that the content “doesn’t need to be balanced.” He also asked colleagues in the international team to “not target Donald Trump” because “Apple Daily” depends on Trump’s “support to survive.”

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Prosecution: Apple published 161 seditious publications to influence public opinion

The prosecution alleged that the 161 seditious articles published by “Apple Daily” spanned the period before the anti-extradition movement broke out to the day it ceased publication. The types of content include news reports, advertisements, Lai’s column “Success and Failure with a Laugh” articles and the program “Live Chat with Jimmy” Lai”, the content influenced public opinion, encouraged people to take to the streets, advocated violent demonstrations, and “poisoned the minds of susceptible people.”

To list examples, prosecutors say that in 2019, Jimmy Lai called on the public to participate in the 2019 demonstrations in his columns, “Please stand up and protect the last line of defense,” and “If you are thinking about immigrating abroad, you must also be thinking about demonstrations.” The prosecution also pointed out that “Apple Daily” advocated the public’s hatred of the regime through interviewing protesters in their reports; publishing reports about the crowdfunding campaign “Lam Chau Ba” (攬炒巴) and encouraging the public to use illegal means to resist and “Lam Chau,” and fight against the regime. Prosecution said that “Apple Daily” also put out advertisements accusing the police of being “dirty cops” and promoted hatred towards the police.

When the COVID-19 pandemic broke out in early 2020, the prosecution said Li wrote the column “Wuhan Plague: The Death Knell of the Chinese Communist Party”, in which he accused the central government of blocking information and causing the spread of the epidemic. Lai also claimed that the pandemic brought opportunities to the Chinese people to resist and overthrow the regime.

The prosecution pointed out that the 85 publications involved in the case were published after the National Security Law came into effect. Apple Daily made malicious and unfounded accusations against the National Security Law. 31 of them involved seeking foreign sanctions. Therefore, in addition to “conspiracy to publish seditious publications, Apple Daily also faces the charge of “conspiracy to collude with foreign forces.” For example, Lai described the CCP as “the biggest threat facing the free world” in his column “The world against China, Biden has no choice but to follow through”. Lai also stated in a talk show that the implementation of the National Security Law would mean the destruction of Hong Kong, saying that the more in danger he is, the more effectively he can draw the outside world’s attention to Hong Kong.

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Prosecution: Even after the National Security Law came into effect, Lai still requested sanctions and continued to command operations while in custody

In the court, prosecutors played several clips of interviews with Lai after the National Security Law came into effect. In one interview with the Fox Business Network, he said, “I will stay in Hong Kong until the last day, otherwise it will bring shame to myself and the “Apple Daily” will lose its reputation, undermining the unity of the democratic movement.” He also said that if he is afraid, he cannot do anything.

In summary, the prosecution believes that after Lai was arrested and remanded, he continued to instruct the operation of “Apple Daily” and publish seditious publications, such as “I will choose this road even if I have to go to prison” (坐監都揀呢條路) and “Handcuffs won’t humiliate me” (手銬不能侮辱我). Even after Cheung Kim-hung and Ryan Law Wai-kwong were arrested, Apple Daily continued to publish the article “Lai’s message from prison: don’t be afraid!”, which showed that he was determined to stick to his plan.

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Prosecution: Lai is a “radical political figure.” Prosecutors displayed political affiliation map in court

In addition, the prosecution accused Lai of being a “radical political figure” who, under the guise of fighting for freedom and democracy, repeatedly contacted foreign dignitaries to promote sanctions. For example, in June 2019, he met with foreign officials multiple times, including then U.S. Vice President Mike Pence and others to discuss the Fugitive Offenders Ordinance. When he met with then-U.S. Secretary of State Mike Pompeo and others, he asked what the United States could do for Hong Kong. He said the “bad things” done by the Hong Kong government will have consequences, and asked the United States to sanction Chinese and Hong Kong leaders who suppressed demonstrations.

The prosecution showed a map of political connections in court and said Lai contacted these people either in person, via email, WhatsApp, Signal, or through his talk show. (See below)

The chart mentions former Chief Secretary for Administration Anson Chan and Democratic Party founding chairman Martin Lee, and is divided into “U.K. Line”, “U.S. Line” and “Taiwan Line”. Among them, the “U.K. line” involves the British Conservative Party Human Rights Commission member Luke de Paulford, founder of “Hong Kong Watch” Benedict Rogers, the sponsors of “Hong Kong Watch” Lord Alton and Chris Patten; the “U.S. Line” involves former US President Trump, former US Vice President Pence, then US Secretary of State Pompeo, then Speaker of the House of Representatives Nancy Pelosi and others; the chart did not list the communication methods between Dawn and Trump.

“Taiwan Line” involves Taiwan President Tsai Ing-wen and Antonio Chang, former consultant and columnist of Taiwan’s “Apple Daily”. The opening statement did not mention the details of Lai’s contact with Tsai Ing-wen, but a chart in the court showed that Lai disclosed to Mark Simon in March 2016 that he had met with Tsai several times.

The prosecution also listed in court the people Lai followed on Twitter, such as the above-mentioned Tsai Ing-wen, Mike Pence, Mike Pompeo, and Joey Siu, who was earlier declared wanted by the National Security Department. The prosecution believes that it can show Jimmy Lai’s connections with these people and his ideology. The prosecution also pointed out that Lai reposted “Apple Daily” content on Twitter from time to time and tagged foreign political figures. For example, he said to Trump, “Mr. President, you are a person who keeps your promises. You once said that if China implements”National Security Law” in Hong Kong, there will be serious consequences.”

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Timeline of Jimmy Lai’s alleged conspiracy with Apple Daily

Stage	Date	Event
Before the anti-extradition movement	2019.3.23	Jimmy Lai asked Cheung Kim-hung to report that Anson Chan met with US Vice President Pence to discuss the “Fugitive Offenders Ordinance”, describing it as “big news”
	2019.4.27	Lai instructed Cheung Kim-hung to interview Lam Wing-kee, the manager of Causeway Bay Bookstore, and also told Cheung that he is contacting former Hong Kong Governor Chris Patten for comment on the “Fugitive Offenders Ordinance,” in order to call on the people to take to the streets.
During the anti-extradition movement	2019.6	Lai and Cheung Kim-hung discussed the online subscription system for “Apple Daily” and agreed to donate one-third of the income to the Democratic Front’s fund to support protestors.
	2019.6.10	Lai told Chan Pui-man that the suspension of the amendment is just a government tactic and that citizens should continue to demonstrate. Apple Daily published the “We will still take to the streets tomorrow” report on the 5th.
	2019.7	Lai instructed Chan Pui-man to report on the protesters storming the Legislative Council in order to gain public support and sympathy for the young demonstrators. He also asked her to arrange an interview with former deputy secretary-general of the Student’s Union, Lester Shum Ngo-fai.
	2019.7.8-9	Lai went to the United States to meet with Secretary of State Mike Pompeo, and Apple published relevant reports.
	2019.10	After Lai went to the United States to meet with House Speaker Pelosi, Lai instructed Chan Pui-man to interview him.
Pre-NSL	2020.5.22-23	Lai instructed Cheung Kim-hung to organize the “One person, one letter to save Hong Kong” campaign
	2020.5.25	Lai ordered the launch of Apple Daily’s English version. 黎指示推出《蘋果》英文版
	2020.6.2	Lai ask staff to not target Trump through Cheung Kim-hung
After NSL implementation	2020.8.10	Lai did an interview immediately after his arrest and release. “Apple Daily” published “I will choose this road even if I have to go to prison” (坐監都揀呢條路) and “Handcuffs won’t humiliate me” (手銬不能侮辱我)
	2020.12	“Apple Daily” executives visited Lai in the detention center. Lai was accused of continuing to direct the operation of “Apple Daily” and publish seditious publications.
	2021.6	Cheung Kim-hung and Ryan Law Wi-kwong were charged and arrested but Apple Daily still published the report “Lai’s message from prison: don’t be afraid!”

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Lai is the mastermind of the “SWHK Team.” Lai supported the global newspaper ad campaign, and organized other international campaigns

As for the charges related to the “SWHK Team”, the prosecution alleged that Jimmy Lai was the mastermind behind the “SWHK Team.” They accused Lai of instructing Andy Li, Finn Lau and others to organize a global “newspaper advertisement” campaign to request foreign countries to impose sanctions on China through the “middleman” Chan Tsz-wah, and paying HK$5.1 million for the advertisement in newspapers. The team subsequently raised approximately HK$24.5 million through three crowdfunding rounds. According to court records showing conversations between Lai and Mark Simon, the team paid Lai back in full.

(The prosecution alleged that the “SWHK Team” published propaganda advertisements in many countries including the United Kingdom, the United States, and Canada, urging foreign countries to put pressure on China.)

In addition to the newspaper ad campaign, the prosecution alleged that the “SWHK Team” had invited British Conservative MP Bob Seely and British House of Lords member David Alton to observe demonstrations and district council elections in Hong Kong respectively, and also sponsored university students to travel to Paris and London. and other places to meet with overseas politicians.

The team also organized the “U.S. Line”, “U.K. Line” and “Japan Line” to establish international contacts and lobby foreign politicians to promote sanctions. For example, Andy Li once showed 277 bullet casings to American politicians, alleging that they were related to “police violence”, and was also invited by Anson Chan to have lunch with Andrew Heyn, the then British Consul General in Hong Kong and Macao. Martin Lee, Dennis Kwok and Charles Mok were also present at the lunch. Andy Li also provided sanctions drafts to three members of the Japanese House of Representatives, and assisted then-Member Shiori Yamao in attending press conferences for lobbying purposes.

The case will resume next Monday (January 8). The prosecution is expected to read out the admitted facts and then start calling witnesses. The prosecution revealed earlier that Cheung Kim-hung, Chan Pui-man, and Yeung Ching-kee will testify as “accomplice witnesses.” Former Next Media Group CEO Royston Chow Tat-kuen will also appear in court to explain the operation and editorial decisions of “Apple Daily”.

The Witness