Lai 'guided staff' in charting Apple course

Apple Daily's position before its cessation in June 2021 was made by all staff under the guidance of Next Digital founder Jimmy Lai Chee-ying, said former publisher Cheung Kim-hung, who gave testimony as a prosecution accomplice witness.

The court has also heard that Lai, 76, told Apple Daily staff to "live up to your conscience" when reporting the national security law.

Lai made the remarks during Apple Daily's 25th anniversary celebration event on June 18, 2020.

In a video shown by the defense, Lai called on staff to "live up to your conscience and thus toward the community," and "nobody could force you to do your job."

Lai told staff: "Apple Daily arriving at its present stage is attributed to you guys."

Senior counsel Robert Pang Yiu-hung - leading counsel for Lai's legal team - continued the cross-examination of Cheung, 62, and asked whether Lai's remarks that "nobody could force you to do your job" was the truth - and Cheung disagreed.

Pang also asked if Lai perceived the situation of Apple Daily as a "group effort" of all staff who shared the same values as Lai.

But Cheung said despite Lai having made the comments, he felt Lai did so "jokingly."

He agreed that the situation of Apple Daily was a collaboration of all staff, but emphasized they were instructed by Lai.

Pang also showed the WhatsApp chat records between Lai and Cheung on July 1, 2020, and said Lai felt surprised about the implementation of the national security law. Lai wrote: "I was shocked to read the details of NSL. First, we need to figure out a good strategy to deal with it, and not be reckless."

When asked what was a "good strategy," Cheung said he did not know the details, but added "don't be reckless" meant be "more cautious" to avoid breaching the law. "The law just came into effect and nobody would know what would happen on July 1," he said.

The defense also showed screen captures of various WhatsApp chat groups that were created by Cheung, including the "NSL Response Committee," "Newspaper Sensitive Advertisement Group" and "Response Group."

Cheung said he created the chat groups to allow discussions among Apple Daily management on matters that may "overstep the red line" after the law came into effect. National security judge Alex Lee Wan-tang asked whether Lai was a member of any of these groups, and Cheung said Lai was not. Pang then suggested that the reason Lai was excluded was that Lai was not involved in the editorial decisions, to which Cheung disagreed.

The defense also showed Cheung forwarded a message sent by former Apple Daily digital director Nick Cheung Chi-wai, saying more people searched for an opinion piece by now-jailed law scholar Benny Tai Yiu-ting on "10 steps to mutual destruction."

Cheung then instructed Chan and former Apple Daily editor-in-chief Ryan Law Wai-kwong to remove Tai's piece after he consulted Next Digital's in-house lawyer. Cheung also said Nick Cheung consulted him as he was afraid it would breach the law.

Cheung confirmed that after his arrest on June 17, 2021, he was mentioned before the West Kowloon Magistrates' Court on June 19, 2021 - where his bail application was refused.

In the affidavit, Cheung stated after his promotion to Next Digital CEO in 2018, he was no longer involved in Apple Daily's editorial work.

Pang said Cheung's evidence was inconsistent, but Cheung explained he did not set out the editorial policies for Apple Daily, but only communicated the policies formulated by Lai.

Cheung was also questioned why Apple Daily "upheld editorial independence" when his evidence claimed Lai continuously gave editorial instructions.

He explained that, from his point of view, Lai was the newspaper's owner, and there should be a distinction between him and an employed senior executive of Next Digital.

The trial is adjourned to 2.30pm today.

eunice.lam@singtaonewscorp.com