Jailed Hong Kong media mogul Jimmy Lai has told a national security trial that his WhatsApp group involving former US diplomat James Cunningham was not meant to be a “collusion group.”
Hong Kong media tycoon Jimmy Lai. File photo: Kelly Ho/HKFP.
The ex-US ambassador created a group chat on WhatsApp during the 2019 extradition bill protests, with Hong Kong’s “father of democracy” Martin Lee, Lai and his aide Mark Simon as members, a three-judge panel of the High Court heard on Tuesday in the landmark trial of the Apple Daily founder.
The 77-year-old tycoon is on trial for two counts of taking part in a “conspiracy to collude with foreign forces” under the Beijing-imposed national security law. He also stands accused of conspiring to publish “seditious” materials under a now-repealed colonial-era law.
According to records shown in court on Tuesday, Cunningham said on July 9, 2020 that there was a need to “work on other ways to go on” now that the security legislation was in effect. An alternative way needed to “create an internationally-based protest movement” to constrain the Hong Kong government and the “security apparatus,” he told the group.
“Popular pressure on say HSBC, assets that China values, coupled with coordinated pressure from [governments]. In the past [the US] could organise that. Not now,” Cunningham’s message read.
James Cunningham, the former US Consul General for Hong Kong and Macau between 2005 and 2008. Photo: The Committee for Freedom in Hong Kong Foundation.
Lai replied in the group that there was a danger to such “outside movement.” It could be seen as collusion with foreign influence, which was a serious crime under the national security law, he said.
“We can’t be connected with it here… it has to be independent with us,” the tycoon wrote.
Lai’s representative, barrister Steven Kwan, asked the media mogul if Cunningham had done anything on his behalf. Lai said no.
Chat history showed that veteran democrat Lee, also a senior counsel in Hong Kong, had agreed with Lai on the legal danger of discussing about an “outside movement” under the security legislation. He quit the group chat soon afterwards, while Lai remained in the group.
Asked why Lee decided to leave the chat, Lai told the court on Tuesday that the democrat thought it might be “dangerous” to remain in the group. He did not exit the chat because Cunningham was a “great friend” and it would be “rude” to do so, the tycoon testified.
Judge Alex Lee questioned what the purpose of the group chat was. Lai said Cunningham was “trying to help us” and share his thoughts on the situation in Hong Kong amid the 2019 protests.
Veteran democrat Martin Lee. File photo: James Lee/HKFP.
Kwan asked if the group chat was “meant to be a collusion group.” Lai denied it and said he had stated in the group that collusion was “very dangerous.”
Livestream programme
During Tuesday’s hearing, Lai was shown the transcript of a livestream programme aired on July 9, 2020, where he answered a series of questions from the host. The programme’s aim was to raise awareness about the situation in Hong Kong so that the city would not “disappear from the radar,” he said.
According to the transcript, Lai claimed that the national security law would “supersede” the Basic Law. He also alleged that the Chinese Communist Party would “encroach on our freedom to a very draconian extent,” adding that the international community should be “concerned.”
The prosecution had accused the programme earlier of being seditious in nature. Lai denied the claim and said he did not incite hatred. He also disagreed that the programme could cause viewers to hate China.
National flags of China and HKSAR flags in Hong Kong. File photo: GovHK.
“They might be frightened, but doesn’t mean they have to hate,” he said.
Lai added that he did not ask the international community to “take action” against China, but rather to “take notice” of the situation in Hong Kong.
‘Seditious article’
Kwan on Tuesday showed an article written by Lai and published in Apple Daily on July 12, 2020, which was also labelled as seditious by the prosecutors.
In the article, Lai compared the enactment of the national security law to “hanging a sword over our head.” He also claimed that the legislation turned Hong Kong into an “intangible concentration camp.”
The tycoon denied having an intent to incite hatred against the Chinese government with the article. He only used it to express his thoughts and feelings at the time, Lai said.
New police warning banner that cautions against behaviour that may breach the national security law. File Photo: Studio Incendo.
Tuesday marked day 106 of Lai’s landmark trial. Since Lai took the witness stand on November 20, he has repeatedly told the court that he did call for foreign sanctions on Hong Kong before the security legislation took effect on June 30, 2020. But after that, he stopped making such calls.
The defence also tried to argue that some of the posts shared on Lai’s account on Twitter, now known as X, were written by a former columnist Simon Lee. Lai did not give prior approval to some of the tweets and retweets, they argued.
