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Hong Kong tycoon Jimmy Lai faces trial underneath ‘unfair’ nationwide safety legislation | Information


The nationwide safety trial of jailed Hong Kong media tycoon Jimmy Lai is because of start on Monday, greater than a 12 months after it was initially scheduled to begin, and three years since he was first imprisoned.

The 76-year-old, who can be a British citizen, stands accused of conspiring to collude with overseas forces and publish seditious materials.

Probably the most distinguished determine to be charged underneath the safety legislation that Beijing imposed on the territory in June 2020, Lai faces spending the remainder of his life in jail. He has pleaded not responsible on all counts.

His son, Sebastien, who has been travelling the world to attract consideration to his father’s case, informed Al Jazeera he was making an attempt to keep up some optimism.

“Clearly, it is a present trial,” he stated in an interview in September. “They’re principally punishing [him] for standing up for the freedoms that the Hong Kong area has, and that have been additionally promised throughout the handover. That’s all it’s, actually, they usually’re utilizing a nationwide safety legislation, and the nationwide safety legislation isn’t retroactive. So if we take a look at it even simply on that very degree, on their phrase, then none of those guys needs to be in jail.”

Jimmy Lai in blue prison uniform seen in the yard of the Stanley jail. It is surrounded by high fences topped with razor wire. He is accompanied by two prison officers
Jimmy Lai has been jailed since December 2020 after an earlier bail ruling was overturned. He has been given jail phrases on different prices as he waited for the beginning of the nationwide safety trial [File: Louise Delmotte/AP Photo]

Earlier this week, Sebastien met recently-appointed United Kingdom Overseas Minister David Cameron, a former prime minister who as soon as championed nearer ties with Beijing.

Cameron promised the UK would “proceed to face by Jimmy Lai and the individuals of HK,” in line with a put up from the Overseas, Commonwealth and Growth Workplace on the social media platform, X.

Afterwards, Sebastien stated he hoped the UK would quickly “add its voice” to US and European Union requires his father’s speedy launch.

Rags to riches

Earlier than Lai was arrested at his house in August 2020 – and brought by police on a raid of his newspaper places of work that was livestreamed by its journalists – he was referred to as a lot for his entrepreneurial success as he was for his criticism of Beijing’s Communist Celebration – a rarity amongst Hong Kong’s rich.

Born Lai Chee-ying in China in December 1947, he arrived in Hong Kong, then a British colony, after stowing away in a fishing boat. He was simply 12 years outdated.

Discovering work in a clothes manufacturing facility, Lai steadily climbed the ranks, ultimately organising his personal Giordano model promoting T-shirts, chinos and on a regular basis fundamentals in a Hong Kong model of US retailer Hole that grew to become massively in style throughout the area.

Within the Nineteen Nineties, as Britain ready for 1997 and the handover of Hong Kong to China, Lai used the cash he produced from the sale of Giordano to deal with the media, founding Subsequent Media, writer of the favored tabloid Apple Every day and different Chinese language-language shops in Hong Kong and Taiwan.

In Hong Kong’s then free-wheeling media panorama, the papers attracted a whole bunch of hundreds of readers for his or her mixture of crucial reporting on China and tantalising gossip, taking advantage of the ‘one nation, two programs’ framework that was supposed to make sure Hong Kong maintained the rights and freedoms it had lengthy loved however that have been unparalleled on the mainland.

By 2008, Forbes estimated his wealth at some $1.2bn and stated he was “thriving by selling free speech and democracy”.

Lai and Apple Every day discovered themselves underneath hearth within the wake of the mass demonstrations in 2019 that started over considerations a few deliberate extradition invoice with mainland China and advanced into requires higher democracy. The protests got here amid rising unease at Beijing’s gradual tightening of management over political life regardless of the guarantees made in 1997.

Lai has been jailed since December 2020, first in pre-trial detention and later on account of quick jail sentences for a sequence of separate prices associated to the administration of Apple Every day and his involvement in a vigil to mark the 1989 Tiananmen Sq. bloodbath.

After 26 years, the closing version of the Apple Every day rolled off the presses in June 2021.

After two police raids, with Lai and Subsequent Media’s high executives underneath arrest, and a freeze imposed on its financial institution accounts, the corporate stated the choice mirrored “worker security and manpower concerns”.

Difficult energy

After being denied bail quickly after his preliminary arrest, Lai used his high-profile standing to problem the safety legislation.

Police officers arriving at the office of Next Media, publisher of Apple Daily, in Hong Kong, China, 17 June 2021.
Hong Kong police raided the workplace of Subsequent Media in June 2021. Shortly afterwards, the favored tabloid printed its closing version [File: Apple Daily via EPA]

He initially deliberate to rent a British lawyer, Timothy Owen, to defend him in a call that secured the backing of Hong Kong’s highest court docket, which dismissed the federal government’s bid to dam Owen’s appointment and impose a “blanket ban” on overseas legal professionals engaged on nationwide safety circumstances.

The ruling prompted Hong Kong Chief Govt John Lee, a former safety minister, to ask Beijing to intervene, arguing a overseas lawyer would possibly expose state secrets and techniques or be compromised by a overseas authorities.

The intervention, days earlier than the trial was supposed to begin, led to a months-long delay with Beijing ultimately ruling that Lai couldn’t rent the British lawyer.

Denied his alternative of counsel, Lai will face a panel of three handpicked judges and, in contrast to Hong Kong’s widespread legislation legal justice system, there might be no jury.

“Jimmy Lai has already spent three years in jail for his journalism and his peaceable pro-democracy actions,” Caoilfhionn Gallagher of London’s Doughty Road Chambers, which is representing the Lai household in worldwide legislation points. “He’s now being prosecuted for illegitimate causes, underneath an unfair legislation and in a damaged authorized system.”

The trial is scheduled to proceed for 80 days till March subsequent 12 months.

“On the one hand, there might be an try from the Hong Kong authorities to indicate that they take their court docket trial course of significantly,” Kevin Yam, a senior fellow at Georgetown College’s Middle for Asian Legislation, informed Al Jazeera. However, Lai’s defence workforce seems to be “looking for to make use of the lengthy and painful court docket course of to attempt to present the absurdity of the allegations towards him,” he added.

Maya Wang, affiliate director on the Asia division of Human Rights Watch, stated the proceedings will present an perception into the workings of the safety legislation.

“I believe ultimately, Jimmy Lai might be imprisoned. The query is for the way lengthy,” Wang informed Al Jazeera. “I might take note of how the prosecution characterises his collusion cost as a result of it may well carry as much as life imprisonment relying on the severity.”

A portrait of Sebastien Lai. He is wearing a black t-shirt and standing with his arms crossed in a park
Sebastien Lai has been travelling the world to focus on his father’s case and name for his speedy launch [File: Erin Hale/Al Jazeera]

“It’s additionally essential to notice that given Jimmy’s very superior age, even only a quick sentence successfully means life imprisonment for him,” she stated.

Hong Kong’s nationwide safety police have arrested 264 individuals as of August and charged 148 underneath the nationwide safety legislation or the not too long ago revived colonial offence of sedition, in line with analysis by fellow Eric Lai and others on the Georgetown Middle for Asian Legislation.

Past Lai, Hong Kong’s different nationwide safety trials embrace the ongoing mega trial of 47 pro-democracy lawmakers and activists – for organising a pre-selection course of to decide on their candidates for elections that have been later postponed – and the sedition trial of journalists on the now defunct Stand Information, however a lot of these charged underneath the legislation embrace individuals who took half within the 2019 protests.

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