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Hong Kong court finds pro-democracy activist Jimmy Lai guilty of collusion with foreign forces

By James Rodriguez

6 months ago

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Hong Kong court finds pro-democracy activist Jimmy Lai guilty of collusion with foreign forces

Hong Kong court convicted pro-democracy activist Jimmy Lai of sedition and collusion under the national security law, amid ongoing crackdowns on opposition. The verdict follows the dissolution of the last pro-democracy party and low-turnout elections, raising concerns over the erosion of freedoms in the financial hub.

HONG KONG — A Hong Kong court on Monday convicted prominent pro-democracy activist and media tycoon Jimmy Lai of sedition and collusion with foreign forces, marking another significant blow to the city's opposition movement. The 78-year-old Lai, a longtime critic of the Chinese Communist Party, was charged under the sweeping national security law imposed by Beijing in 2020 following massive pro-democracy protests that rocked the semi-autonomous region in 2019.

Lai, who founded the popular pro-democracy newspaper Apple Daily and the digital media firm Next Digital, as well as the Asian clothing brand Giordano, has been in custody since his arrest in August 2020. His high-profile trial, which began in December 2023, centered on two counts of colluding with foreign forces to endanger national security and one count of conspiracy to publish seditious publications. Lai pleaded not guilty to all charges, maintaining that his actions were protected under Hong Kong's freedoms of speech and press.

The verdict was delivered in a closed courtroom at the High Court in Hong Kong, where Lai appeared via video link from Stanley Prison, where he has been detained. According to court documents reported by CNBC, the judges found sufficient evidence that Lai had conspired with foreign entities to incite hatred against the Hong Kong and Chinese governments through his media outlets. Prosecutors alleged that articles in Apple Daily and communications with international figures amounted to calls for foreign intervention in Hong Kong's affairs.

This conviction adds to Lai's legal troubles; he is already serving a separate five-year sentence for fraud related to his media businesses, handed down earlier this year. The national security law, Article 23 of which was the basis for these charges, has been criticized internationally for its broad definitions of offenses like collusion and sedition, potentially carrying penalties of up to life imprisonment. Lai's legal team has indicated plans to appeal the decision, though no timeline has been set.

The case drew global attention, including from U.S. President Donald Trump, who raised Lai's plight during a meeting with Chinese President Xi Jinping in South Korea last October. According to Reuters, Trump pressed Xi to release Lai, highlighting the activist's British citizenship, which he acquired before Hong Kong's handover to China in 1997. The intervention underscored the international scrutiny on Hong Kong's judicial processes under the security law.

Jimmy Lai's journey from rags to riches is a staple of Hong Kong's entrepreneurial lore. Born in Guangzhou in 1948, he fled to Hong Kong as a teenager and built Giordano into a regional powerhouse before pivoting to media with the launch of Apple Daily in 1995. The tabloid became a beacon for pro-democracy sentiments, boasting a circulation of over 500,000 at its peak and often clashing with authorities over its critical coverage of Beijing's policies.

Since the 2019 protests, which drew millions to the streets demanding greater autonomy and democratic reforms, Hong Kong's political landscape has transformed dramatically. The national security law, enacted on June 30, 2020, criminalizes acts deemed to threaten national security, leading to the arrest of over 260 people, including many opposition figures. Apple Daily itself was forced to shut down in June 2021 after assets were frozen and key editors arrested, effectively silencing one of the last major independent voices in the city.

The Lai verdict arrives amid a series of setbacks for Hong Kong's pro-democracy camp. Just a day earlier, on Sunday, the city's last remaining pro-democracy party, the League of Social Democrats, announced its dissolution after 31 years of operation. Founded in 1994, the party cited mounting legal pressures and an increasingly hostile environment for political dissent as reasons for winding down.

Compounding this, Hong Kong held a "patriots-only" legislative election on December 10, which saw the second-lowest voter turnout in the region's history at just 27.5 percent. Reforms to the electoral system in 2021, approved by Beijing, slashed the number of directly elected seats in the 90-member legislature from 35 to 20, with the majority now selected by an election committee vetted for loyalty to the central government. Only candidates deemed "patriots" — those who pledge allegiance to Hong Kong and China — are allowed to run.

These changes, proponents argue, ensure stability and prevent the chaos of the 2019 protests from recurring. Hong Kong Chief Executive John Lee, a former security chief, defended the system in a recent statement, saying it "filters out those who might undermine the city's prosperity." Critics, however, contend it has hollowed out democratic representation, turning the legislature into a rubber-stamp body aligned with Beijing's interests.

Veteran investor David Roche, speaking to CNBC ahead of the verdict, offered a pragmatic view on Lai's fate. "If I were running Hong Kong, I know that I would have to convict the man, and I would then send him home, because then, in a sense, you put a full stop behind the political change in Hong Kong, but you do not create any further martyr," Roche said. He suggested that such an outcome could reassure the international business community, adding, "That, I think, would help to give the overriding impression and therefore conviction to people in the money business that Hong Kong had returned to its normal, business driven, dynamic self."

Roche's comments reflect broader concerns in Hong Kong's financial sector, where the city has long thrived as Asia's premier hub for capital markets. The Hang Seng Index has fluctuated amid political tensions, dropping nearly 15 percent in 2024 alone, partly attributed to fears over eroding rule of law. International firms, including those from the U.S. and Europe, have relocated some operations to Singapore, citing uncertainties under the security law.

Human rights organizations have decried the Lai conviction as a further erosion of freedoms. Amnesty International's Asia director, Sarah Brooks, stated in a prepared release that the trial "exemplifies how the national security law is being weaponized to silence dissent." Similarly, the U.S. State Department issued a statement condemning the verdict, calling for Lai's immediate release and expressing concerns over fair trial standards.

From Beijing's perspective, the law has restored order. Chinese state media, such as the Global Times, reported the conviction as a necessary step to safeguard sovereignty, quoting officials who said it demonstrates Hong Kong's commitment to national security. The foreign ministry in Beijing reiterated that the law applies only to a small minority of separatists and does not affect ordinary residents or legitimate business activities.

Looking ahead, Lai's sentencing hearing is scheduled for early next year, where prosecutors are seeking a severe penalty to deter similar activities. Supporters, including his family and international advocates, continue to rally for his release, with protests planned in cities like London and New York. As Hong Kong navigates its post-handover identity, the Lai case symbolizes the ongoing tension between security and civil liberties in the global financial powerhouse.

The implications extend beyond one man. With opposition parties disbanded and elections restructured, analysts predict a quieter but more controlled political environment. Yet, underlying grievances from the 2019 protests persist, with youth unemployment at 10 percent and housing affordability at crisis levels fueling quiet discontent. Whether Hong Kong can balance its vibrant economy with political stability remains a pivotal question for the region and the world.

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