The son of jailed pro-democracy media mogul Jimmy Lai has called on the British government to take action following a further four-month delay in his national security trial, as rights groups slammed the “sham” trial as part of a citywide crackdown on dissent in Hong Kong.
“My father is 76 … [and] at a time when most people get to enjoy their retirement and spend time with family … is in solitary confinement in a Hong Kong prison,” Lai’s son Sebastien Lai said in a July 25 statement issued through his father’s legal team.
“After repeated adjournments and long delays, my father’s show trial under the National Security Law finally began in December 2023,” Lai said. “Now we learn of a four month delay within the trial itself, so this unfair process drags on even longer.”
“I implore the U.K. Government to take action to end this farce and secure my father’s immediate release,” Sebastien Lai said.
Jimmy Lai is a British citizen who, despite being born in the southern province of Guangdong, has never held Chinese citizenship.
His trial has come to symbolize the ongoing crackdown on dissent and press freedom in Hong Kong in the wake of the 2019 protest movement.
Caoilfhionn Gallagher KC, who heads Lai’s international legal team, said there are growing concerns for her client’s health.
“British national Jimmy Lai is 76 years of age and diabetic,” Gallagher said. “He has already spent three and a half years in solitary confinement, which poses a serious risk to his health.”
‘A case to answer’
Gallagher added: “He has been imprisoned due to his work as a media owner, writer and pro-democracy campaigner; for running an independent newspaper, Apple Daily, which had a robust pro-democracy and anti-corruption stance and stood up to China’s leaders.”
“Enough is enough. The authorities in China and the Hong Kong SAR should release Jimmy Lai, before it is too late,” Gallagher said in a statement on the website of her law firm, Doughty Street Chambers.
After 92 days of trial, a court in Hong Kong ruled on Wednesday that Lai has “a case to answer” on three national security charges after hearing the evidence presented by the prosecution, but adjourned the trial until Nov. 20.
High Court national security judge Alex Lee ruled on Thursday that the charges of “conspiracy to collude with foreign forces” and two other charges under the 2020 National Security Law were well-founded, and that Lai’s trial should continue despite a bid by the defense to argue that his activities were entirely legitimate for the head of a media organization.
Judges Lee, Esther Toh and Susana Maria D’Almada Remedios ruled that all charges against Lai, a British citizen, were substantiated.
Lai, who has been behind bars for nearly three years, appeared calm and relaxed in a gray suit at the hearing at West Kowloon Magistrates Court, nodding to familiar faces in the public gallery, some of whom called out “hang in there!” and “take care!” in support.
The Raoul Wallenberg Centre for Human Rights said the delay was “arbitrary” and a breach of Lai’s right to a fair trial, “further prolonging the suffering of an elderly and ailing #politicalprisoner.”
“His unjust #persecution and #prosecution must end,” the group said via its X account.
‘Completely false, absurd charges’
Benedict Rogers, founder and former CEO of the London-based rights group Hong Kong Watch, said the delay was “extremely concerning.”
“#JimmyLai has been unjustly imprisoned for over 3.5 years, and his current trial – on completely false, absurd charges – continues to be severely delayed,” Rogers said, calling on British Prime Minister Keir Starmer and Foreign Secretary David Lammy to speak out for Lai.
According to the Committee for Freedom in Hong Kong Foundation, the latest delay was announced on Lai’s 1,301st day in prison, much of which has been spent in solitary confinement.
Foundation President Mark Clifford said Lai’s alleged crime was “nothing more than committed journalism and standing up for the people of Hong Kong.”
He called the delay “a deliberate tactic” to stop Lai speaking in his own defense in court.
“We urge the British and U.S governments to work for his immediate and unconditional release,” Clifford said.
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Lai faces two counts of “conspiracy to collude with foreign forces” and one count of “collusion with foreign forces” under a draconian security law imposed by Beijing in the wake of the 2019 protest movement, along with a charge relating to “seditious” publications.
Much of the prosecution’s evidence — in a trial before a panel of government-appointment judges and no jury — centered on opinion articles published in Lai’s now-defunct Apple Daily newspaper.
During Wednesday’s mid-trial statements, Lai’s defense team argued that freedom of the press and freedom of speech are protected under Hong Kong’s constitution, the Basic Law, acting as the “fourth estate” that oversees and challenges the government, something which is exempt from charges of “sedition.”
They also said the law was being retroactively applied to speech and writings that happened before the National Security Law took effect on July 1, 2020.
The prosecution countered that witness testimony, and Lai’s media interviews and articles all showed that he continued with his actions after the law took effect, according to Hong Kong court-reporting website The Witness.
Lai has pleaded not guilty to all charges.
Translated by Luisetta Mudie.