Former media tycoon Jimmy Lai “never wavered” in his push to destabilise the governance of the ruling Communist Party and continued to call for sanctions -- albeit in a “less explicit way” -- even after the National Security Law came into effect, the High Court ruled in his national security trial.
The Apple Daily founder was on Monday convicted of all three conspiracy charges: one on printing seditious material, and two on colluding with foreign forces to endanger national security.
Three companies, namely Apple Daily Limited, Apple Daily Printing Limited and AD Internet Limited, were also found guilty of the two charges of collusion and sedition they faced.
Delivering an 855-page judgement on Monday, a three-judge bench ruled that Lai was “consciously using Apple Daily and his personal influence” for a consistent campaign to undermine the legitimacy and authority of the central and SAR governments.
The senior management of Apple Daily and others agreed with the defendant and “were knowing and willing parties” to his campaign, they added.
After examining some 161 articles presented in court, the bench said the pieces were “objectively seditious” and “manifested a general and constant pattern of showing serious hostility and bias” against the Communist Party, the central government and the SAR administration.
“[The defendant’s] end game was to change the regime of the [Chinese Communist Party],” the judges said.
“His main aim was to gather support from the US and the Western world to destabilise the [Chinese Communist Party]. He tried to influence foreign policy on Hong Kong or the [People’s Republic of China] through his relations with foreign figures.”
The court also ruled that Lai continued to express an anti-China stance after the enactment of the National Security Law in 2020, albeit by “a more indirect and subtle strategy and by toning down his rhetoric”.
Citing the online broadcast programme “Live Chat with Jimmy Lai”, the judges noted that the defendant’s stance “permeated each and every episode”.
“We find that [the defendant] was plainly aware of the legal risks involved in openly soliciting foreign countries to impose sanctions on the [People’s Republic of China] or Hong Kong,” the judges said.
“He sought to reduce his legal risks by attempting to operate in the ‘grey area’ and adopting an implicitly disguised and subtle approach.”
Regarding the second count of collusion, the bench said it had all along been the defendant’s intention “to request foreign countries – the US in particular – to impose sanctions”.
The judges also said there was an agreement between Lai, his personal assistant Mark Simon, Andy Li, Wayland Chan and Finn Lau on engaging in international lobbying following a meeting in 2020.
The judges went on to say that the meeting showed the defendant’s “unwavering commitment to go on with the agreement to request for [sanctions, blockades, hostile activities] in spite of the [national security law].”
"The only reasonable inference we can draw from the preponderance of the evidence is that [Lai's] only intent whether pre- or post-NSL was to seek the downfall of the [Chinese Communist Party] even though the ultimate cost was the sacrifice of the interests of the people of the [People’s Republic of China] and the [Hong Kong Special Administrative Region]," the judges concluded.
The court said four days will be set aside for the mitigation hearing, which is scheduled to start on January 12, while the sentencing date will be announced as soon as possible.
