The Court's Rationale for Its Verdict on the NSL
According to the ruling by Judge Esther Toh on Monday, Lai "obviously" used Apple Daily to advance his coordinated campaign to solicit, convince, and lobby foreign governments to impose sanctions against both China and Hong Kong.
Furthermore, the court located within Lai's actions a continual series of actions consistent with attempts to mobilize foreign intervention to aid him in pursuing a campaign against Mainland China.
In addition to [Lai's] involvement in protests that arose from the events of 2019, as well as the activity that was published in the tabloid, which was ultimately used against Lai as proving he was in violation of the NSL and, subsequently, using Apple Daily as a platform to publish material promoting rebellion (as is prohibited under various laws, some of which are quite old), the court also found that he had further violated the NSL by publishing such material in Apple Daily and through the Apple Daily website and other means (all under separate laws).
Lai remained collected during the reading of his verdict and was guided by his family to an area outside of the courtroom where they shared hugs before the officer in charge of Lai led him away.
The 2019 protests turned violent on many occasions. Following the protests, the PRC imposed the NSL and did so without the necessary consultation with the Legislative Assembly of Hong Kong. Authorities have an expansive ability to prosecute individuals who they believe threaten national security or public order as a result of the National Security Law.
In terms of Political Reaction & International Reaction
John Lee, the Chief Executive of Hong Kong, has expressed his strong support for the verdict, stating that Lai’s actions were detrimental to the National Interest and were harmful to the people of Hong Kong. Human rights organisations have voiced their opposition to this ruling, describing it as an unjust trial and accusing authorities of utilizing the National Security Law as a means of stifling dissent.
The United Kingdom Government condemned the ruling due to the alleged political motive asserted by the government as a form of persecution. The UK Government has reiterated its request to repeal the National Security Law and dismiss all prosecutions stemming from it.
The United Kingdom and the United States have repeatedly called for the release of Lai; however, these calls have consistently been rejected by both the authorities in Beijing and Hong Kong.
The case of Lai has been highlighted as a demonstration of the independence of the judiciary in Hong Kong. Critics of the government point to the fact that, as of May of this year, the judicial conviction rate under the National Security Law is nearly 100%, and that in the vast majority of cases, bail has been denied to defendants, including Lai.
Additionally, there are serious concerns regarding the health of Lai as he has been held in solitary confinement since his arrest.
From Businessman to Democracy Activist
Jimmy Lai was born in mainland China and moved to Hong Kong when he was 12 years old. After working for a clothing company founded by himself called Giordano, he transitioned into the media industry due to political activism that began after the publishing of the Tiananmen Square Incident on June 4, 1989, which resulted in the deaths of thousands of unarmed protesters. This political activism led him to create pro-democracy newspapers such as the Apple Daily and Next.
Even though Lai is incarcerated, he still represents a significant symbol to many pro-democracy supporters in Hong Kong. Prior to the announcement of the verdict, dozens of supporters lined the street outside the courthouse, standing there throughout the night until an announcement was made.
Lai has publicly stated that he has never advocated for the independence of Hong Kong, and he feels that advocating for such is unrealistic. He also stated that the Apple Daily and associated publications advocate for values of freedom, the rule of law, and freedom of expression.
With the sentencing of Jimmy Lai, he joins numerous other prominent figures advocating for democracy who have been sentenced under the scope of the National Security Law and once again highlights the evolving political landscape in Hong Kong.
