By Khoa Doan / GICJ
“Defending freedom of speech is a dangerous job. It is our responsibility as journalists to seek justice,” Lai wrote from the prison. Jimmy Lai, a Hong Kong tycoon, established the pro-democracy newspaper, Apple Daily in 1995. It was determined to report on critical news within mainland China which has angered the Chinese Communist Party (CCP). The Global Times, a China state-owned newspaper, called Lai a “traitor” for “brazen collusion” with the West and accused him of fueling recent protests in Hong Kong. Lai had expressed his freedom of expression, a fundamental human right, by involving himself in democratic activities and meeting several officials from the West, such as U.S. Vice President Mike Pence and Security of State Mike Pompeo.
On the 30th of June 2020, the Chinese regime imposed the National Security Law on Hong Kong. This law carries a maximum of a life sentence for activities the State regards as being subversive, secessionist, or terrorist in nature, and enforces strict prohibitions around collusion with foreign forces. Accordingly, Lai was taken into custody and charged with fraud related to the lease of a building where the Apple Daily was located. He was also charged on suspicion of colluding with foreign forces and endangering national security under the National Security Law. On the 8th of February 2021, Hong Kong’s Court of Final Appeal denied him bail by noting that the lower court held an “erroneous line of reasoning”.
In April and May 2021, Lai was jailed for 28 months for participating in unauthorised assemblies during the 2019 Yellow Umbrella Revolutions. Subsequently, the Apple Daily was forced to shut down in June 2021, the chief editor and five other executives were arrested, and all assets linked to the company were frozen. The closure has deteriorated the freedom of expression in Hong Kong which has been stated in the Basic Law after it was returned to China from the United Kingdom.
Lai’s son has called on the UK to intervene in his 5-year sentence, due to Lai being a British passport holder. However, the Hong Kong government stated, “we will never tolerate, and strongly deplore, any form of interference by any foreign power or individual with the judicial proceedings and internal affairs of the HKSAR”. Western nations, including the United States, have expressed concern about Lai's plight and denounced what they call a broader deterioration in protection for human rights and fundamental freedoms under a China-imposed National Security Law. Prime Minister Rishi Sunak's spokesperson, Anne-Marie Trevelyan, had met Lai’s legal team and supported rights and freedoms and the rule of law in Hong Kong.
Geneva International Centre for Justice (GICJ) expresses serious concern over the deterioration of freedom of expression within Hong Kong. Jimmy Lai’s sentence was held arbitrarily and did not respect the 1997 Basic Law. We urge the Hong Kong government to reconsider the National Security Law to respect the right to access information and the right of every individual to seek and obtain information held by public authorities. Hong Kong judges must respect the rule of law and release Jimmy Lai immediately.
HongKong FreedomofExpression JimmyLaw Apple Daily Humanrights Geneva4Justice GICJ GenevaInternationalCentreforJustice Justice RuleofLaw
