Hong Kong prosecutors close case against Jimmy Lai, defence to argue in July insufficient evidence to proceed

Hong Kong Free Press

Hong Kong prosecutors have closed their case against pro-democracy media tycoon Jimmy Lai in a landmark national security trial. The proceedings will resume in late July, when the defence lawyers are set to argue that Lai has “no case to answer.”

Lead prosecutor Anthony Chau told a panel of three handpicked judges on Tuesday that the prosecution had officially finished presenting evidence to the court to prove the 76-year-old media mogul was guilty.

The founder of the city’s defunct Apple Daily newspaper is facing up to life imprisonment over two counts of taking part in a “conspiracy to collude with foreign forces” under the Beijing-imposed national security legislation, and also for conspiring to publish “seditious” materials under a colonial-era law. He was charged alongside his former employees and three companies tied to the newspaper.

Tuesday marked day 90 of the closely-watched trial, which was originally scheduled to last for 80 days only.

Lai, who has been unwell, was absent during the hearing. Judge Esther Toh read out a letter from his lawyers asking that the hearing continue and that Lai be excused, saying it was a “voluntary” decision and that “he would not be prejudiced” by the absence.

Toh granted the permission, saying that the tycoon was fully represented by his counsels.

Deputy Director of Public Prosecutions (Special Duties) Anthony Chau. File photo: Kyle Lam/HKFP.

Chau also filed a list of revised translations – the trial is conducted in English – and a glossary list related to the exhibits. Lai’s lawyer Steven Kwan also applied for some evidence his team had presented in court earlier to be officially marked as defence exhibits.

“Having cleared all items, we formally close our prosecution’s case,” Chau said.

Toh, and her fellow national security judges Susana Maria D’Almada Remedios and Alex Lee, will return to the court on July 24 to hear arguments from the defence. Lai’s team is set to present a “no case to answer” argument, in which the defence seeks the acquittal of the defendant by putting to the court that the prosecution’s evidence is insufficient.

Beijing inserted national security legislation directly into Hong Kong’s mini-constitution in June 2020 following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts – broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers and led to hundreds of arrests amid new legal precedents, while dozens of civil society groups disappeared. The authorities say it restored stability and peace to the city, rejecting criticism from trade partners, the UN and NGOs.