Jailed media tycoon Jimmy Lai ‘surprised’ that election officers were not on US sanctions list, court hears
Hong Kong Free Press
Jailed Hong Kong media tycoon Jimmy Lai has testified at his national security trial that he was “surprised” local electoral officers were not included on a list of government officials sanctioned by the US in July 2020.
The 77-year-old mogul continued to take the witness stand on Monday, the 110th day of the trial which also concerns three companies linked to Apple Daily, the defunct pro-democracy newspaper Lai founded in 1995.
The tycoon is on trial for two counts of taking part in a “conspiracy to collude with foreign forces” under Beijing’s security legislation, and also for conspiring to publish “seditious” materials under a colonial-era law. The self-made millionaire’s media outlet, which was forced to close in June 2021 after senior staff were arrested, faces the same charges. Apple Daily’s newsroom was raided twice, and its assets were frozen.
On Monday, the defence asked Lai about several posts on his Twitter account in early August 2020, after the US Treasury announced sanctions on then-Hong Kong leader Carrie Lam and 10 other high-ranking local and mainland Chinese officials over the enactment of the national security law.
According to records shown in court, Simon Lee, a former columnist for Apple Daily and Lai’s Twitter account manager, informed Lai about the US sanctions on August 7 via WhatsApp. On the same day, Lee posted a tweet quoting the US government which said the sanctions were placed on the 11 individuals for “undermining Hong Kong’s autonomy and restricting the freedom of expression or assembly of the citizens of Hong Kong.”
The following day, Lai’s Twitter account shared a link to Apple Daily’s report on the US sanctions. The tycoon denied in court that he was calling for sanctions by sharing the news. He was just presenting the facts, he said.
WhatsApp records from the same day showed that Lai had asked Lee about electoral officers, and whether they should be “personally responsible” for disqualifying candidates for what he deemed as political reasons. A tweet containing the same wording was posted that day.
Lai told the court that he only wanted to know if the US sanctions covered the electoral officers, as he believed they should be included.
“I was surprised they were not included,” Lai said.
In July 2020, 12 pro-democracy candidates were banned from the entering the Legislative Council Election, originally scheduled for September that year.
The disqualified democrats were accused, among other things, of “objecting the national security law,” “soliciting foreign powers in relation to Hong Kong affairs,” “expressing an intention to abuse the power of [the Legislative Council],” meaning they could not pledge allegiance to the Hong Kong SAR and uphold its mini-constitution, the Basic Law.
The election was later postponed for more than a year due to the Covid-19 pandemic.
Another tweet form Lai’s account examined in court on Monday alleged that Hong Kong’s Catholic Church management was “in grip” of the Chinese Communist Party, with the Hong Kong Catholic diocese asking schools to nurture students’ national identities.
The post questioned whether a portrait of Chinese leader Xi Jinping would replace that of Jesus, adding “Maybe we should put Xi on the cross instead.”
Lai said the line was “satirical” and it was “just a joke,” and he had no intention to “crucify” the Chinese leader.
On Monday, the defence reviewed an interview Lai gave with Apple Daily following his arrest under the national security law on August 10, 2020. In the report, Lai said he would not be as “valiant” as before, and he would be “more cautious” with his words.
When asked to name actions he took before the security legislation that were “valiant,” the mogul said he could not name the specifics.
“Before I had the freedom of speech… I just had to be more careful. I got to think about what I say before I say it,” he told the court.
Lai was also asked if his newspaper was “too radical” in the past. The tycoon said the publication would have been seen as radical “through the perspective of the national security law,” as it had criticised the government, the Chinese Communist Party and the leader of China before.
The tycoon has been detained since December 2020 and is currently serving a prison term of five years and nine months for a separate fraud case linked to lease violations at the newspaper’s headquarters.
The trial was adjourned to Tuesday morning.
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.
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