After int’l lawyers appeal to UN over media mogul Jimmy Lai’s health, Hong Kong gov’t slams ‘unreasonable smears’
Hong Kong Free Press
The Hong Kong government has condemned a team of international lawyers advocating for the release of media mogul Jimmy Lai after they reported the tycoon’s deteriorating health to the United Nations.
The lawyers on September 12 made an urgent appeal to the UN Special Rapporteur alleging that Lai had been denied access to specialised medical care for diabetes.
In response to further questions from HKFP as to Lai’s condition, the Correctional Services Department [CSD] last Friday referred to a government statement released on September 13. It did not directly address whether Lai had received specialist care while in detention.
The government, however, said it “strongly disapproved and opposed” the claims, accusing the lawyers and the mogul’s son, Sebastian Lai, of abusing UN mechanisms by appealing to the UN Special Rapporteur on Torture, Alice Edwards.
Lai, 76, who founded now-defunct pro-democracy newspaper Apple Daily, has been detained since December 2020. He is currently being held at a maximum security prison, where he is serving a five- year and nine-month sentence for fraud over violating the lease agreement of Apple Daily’s headquarters.
He is has pleaded not guilty to two charges of conspiring to collude with foreign forces under the national security law – punishable by life imprisonment – and one count of conspiring to publish seditious materials. He is expected to testify when his trial resumes in November.
Specialist care
Lai’s UK-based lawyers said in a statement that the “lack of specialised medical care increases the risk of long-term complications linked to his diabetes due to the failure to properly manage his condition.”
King’s Counsel Caoilfhionn Gallagher said: “International law is clear: it is always unlawful for a prisoner to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, and States must protect prisoners from such treatment.”
The legal team also cited observations of Lai in court noting his “significant loss of weight and increasing frailty,” as well as an appearance in court where he was seen shivering.
The statement also pointed to Lai being kept in solitary confinement, meaning he is reportedly only given 50 minutes for “restricted exercise,” with limited access to daylight.
His son Sebastian was quoted as saying that his father “faces the risk of dying behind bars.” He added: “His treatment by the authorities poses a very serious risk to his health and even to his life.”
‘Smears’
In the statement issued the next day, a government spokesperson “strongly [rejected]” the legal team’s claims, calling them “unreasonable smears.”
“Any accusation concerning [Jimmy Lai] not receiving appropriate treatment in prisons, including not having access to optimal medical services, cannot be further from the truth and is only spreading rumours to create trouble.”
In an emailed reply to HKFP last Friday, the CSD did not directly address questions as to whether Lai needed specialist care, or whether he had visited a diabetes specialist.
The department instead referred to the previous week’s statement, which said: “All correctional institutions are equipped with hospitals, staffed by qualified medical staff with the collaboration of doctors stationed by the Department of Health, to provide 24-hour basic medical services.”
“If inmates require further examination and treatment, they will be referred to specialist medical staff or to public hospitals for further follow-up,” it added.
The government spokesperson also said that each jail cell was “of adequate size and designed to ensure proper lighting, ventilation, and fittings essential for maintaining health.”
“Any attempt by any country, organisation, or individual to interfere with the judicial proceedings in [Hong Kong]… is a blatant act undermining the rule of law of Hong Kong and should be condemned,” they added.
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