Jimmy Lai found guilty of collusion and sedition in national security trial

Hong Kong's High Court on Monday found Jimmy Lai Chee-ying guilty of collusion and sedition in his national security trial.

Judges Esther Toh Lye-ping, Susana Maria D'Almada Remedios and Alex Lee Wan-tang delivered the guilty verdict this morning at the West Kowloon Law Courts Building.

Lai was found guilty of two counts of conspiring to collude with foreign forces under the Beijing-imposed national security law, and a third count of sedition under colonial-era legislation. Lai faces life in prison under the convictions of collusion with foreign forces.

The court said a mitigation hearing will be held on January 12.

The judge said the evidence is clear that Lai conspired with others including Apple Daily staff to undermine national security. Lai's testimony in court had been at times contradictory, inconsistent and unreliable, the judge added.

There is no doubt Lai harboured "hatred and resentment" against China, said the judge.

The judge also said Lai's former staffer, Mark Simon, was a “facilitator” to set up meetings with U.S. officials to lobby for sanctions against China and Hong Kong.

“Having carefully assessed all the evidence with the law in mind, the Court was satisfied that the prosecution had proved the charges against the defendants beyond any reasonable doubt,” said the judge.

Reasons for the verdict

Count 1: Conspiracy to print, publish, sell, offer for sale, distribute, display and/or reproduce seditious publications – guilty

According to court documents outlining the reasons for the verdict, the Court found that the written articles under consideration were “objectively seditious” and were written with a view to bringing the HKSAR Government into hatred and contempt, and to exciting disaffection against it. 

The Court also found that Lai was consciously using Apple Daily and his personal influence to carry out a consistent campaign with a view to undermine the legitimacy or authority of the central government, the HKSAR Government and their institutions and harming the relation between the central government and the HKSAR Government with the people of Hong Kong.

“That went far beyond what would be permissible by the law.” The document read. Furthermore, the Court found that the senior management of Apple Daily and others agreed with Lai and were knowing and willing parties to the aforesaid campaign of Lai.

Count 2: Conspiracy to commit collusion with a foreign country or with external elements to endanger national security – guilty

The Court found that there was ample evidence that after the coming into operation of the NSL Lai continued to express an anti-China stance and carry out the campaign for requesting sanctions or blockade, or engage in other hostile activities, but he did so by “adopting a more indirect and subtle strategy and by toning down his rhetoric,” as seen from the editorial and the forum of Apple Daily, Lai’s own writings, his tweets and his own live chat programmes.

The Court found that Lai’s pre-NSL campaign for requesting foreign countries (the United States, in particular) to impose sanctions or blockade, or engage in other hostile activities on the PRC and the HKSAR had not ceased after the enactment of the NSL. Even though Lai was aware of the legal risk for what he was doing after the enactment of the NSL, he continued with what he had done. The only adaptation he made after the NSL came into operation was in form rather than in substance. 

Before the enactment of the NSL, the request for sanctions or blockade, or engage in other hostile activities was open and direct. After the enactment of the NSL, even though the requests became implicit and subtle, Lai’s intention to carry out his campaign remained the same as before and he continued to act in furtherance of that campaign. Lai’s agreement with the named co-conspirators and others which included members of the senior management of Apple Daily continued after the enactment of the the NSL.

Count 3: Conspiracy to commit collusion with a foreign country or with external elements to endanger national security – guilty

The Court found that prior to the enactment of the NSL, there was in existence an agreement between Lai, Mark Simon, Andy, Wayland, Finn Lau and others to engage in “international lobbying” with a view to soliciting international support for the resistance movement in Hong Kong; and that they knew and intended that their campaign would include the request of sanctions or blockade, or engage in other hostile activities by foreign countries against the PRC and the HKSAR.