Jimmy Lai and 47 democrats charged under NSL to face trial with no jury

The case of former pro-democracy media tycoon Jimmy Lai Chee-ying, charged with breaching national security law, will be held with no jury empaneled.  

According to the website of the Judiciary, the case, which is scheduled for August 22, will be tried by three designated National Security Law Judges - Judge Esther Toh Lye-ping, Susana Maria D’Almada Remedios, and Alex Lee Wan-tang - in the High Court in a one-hour hearing, with no jury present.   

Lai used to be an activist in the 2019 protest and is the founder of the now-defunct tabloid Apple Daily, and is currently serving a prison sentence at Stanley Prison.   

The defendants of Lai’s cases involved himself and three companies - Apple Daily Limited, Apple Daily Printing Limited, and AD Internet Limited. They were charged with multiple counts of “collusion with external elements to endanger national security” and “printing, publishing, selling, offering for sale, distributing, displaying or reproducing seditious publication.”   

Besides, the trial of 47 democrats who were charged with “conspiracy to commit subversion” will be granted by the National Security Law to be conducted with no jury empaneled.   

As told in a statement to the press, the Department of Justice claimed the move was out of adjudicating cases fairly and impartially.   

Secretary for Justice Paul Lam Ting-kwok confirmed the 47 democrats’ case will be heard by three designated judges, citing the reason as the case “involved foreign countries and eternal elements,” will “pervert the course of justice if held with a jury on-site,” claiming the decision was made considering “safeguarding the personal safety of jurors and their families.”   

“The Secretary for Justice will consider whether to issue a certificate under Article 46 of the National Security Law to indicate a case need not be tried before a jury in accordance with the individual situation of each case,” said the Department of Justice in the statement.   

“The purpose of the provision to have three judges in the panel is to ensure the administration of justice without prejudice to the legitimate interests of the defendants,” it noted.   

Following the case of Jonathan Tong Ying-kit, the case of 47 democrats is the second trial without a jury under National Security Law.   

Tong, the 25-year-old, was charged with “incitement to secession” and sentenced to nine years in jail in 2021.   

The 47 pro-democracy activists were charged under the national security law in July last year over their organization and participation in a primary election for the Legislative Council (Legco) election in July 2020 in order to determine candidates for LegCo, with 610,000 ballots cast by Hongkongers.   

The 39 men and eight women aged between 24 and 65 were charged under the National Security Law with “conspiracy to commit subversion.” 

The jury system is considered one of the most important features of Hong Kong’s legal system and has been used in Hong Kong for over 177 years, starting from 1845.   

Under Article 46 of the National Security Law of Hong Kong issued in 2020, in criminal proceedings in the Court of First Instance of the High Court concerning offenses endangering national security, the Secretary for Justice may issue a certificate directing that the case shall be tried without a jury on the grounds of involvement of foreign factors in the case, and the protection of personal safety of jurors and their family members.