Mr. Lai, 76, the founder of now-shuttered pro-democracy newspaper Apple Daily and one of the most prominent critics of the Chinese Communist Party (CCP) leadership, faces several collusion with foreign forces charges under a CCP-imposed national security law that could see him jailed for life. Mr. Lai has pleaded not guilty to all charges.
The trial has become a diplomatic focal point and a key test for the financial hub’s judicial independence and freedoms, with diplomats including those from the United States, UK, European Union, Canada, and Australia in attendance.
The British and U.S. governments have called for Lai’s immediate release, saying the trial is politically motivated.
“We'll continue to press for consular access to Mr. Lai,” Anne-Marie Trevelyan, the UK minister of state for the Indo-Pacific, said in British parliament on Monday, while reiterating Mr. Lai is a British citizen.
“We are not able to provide consular access because we are not allowed to visit him in prison,” she added.
The Hong Kong government said in a statement that all defendants receive a fair trial under local laws, while warning any interference “could very likely” constitute the offense of contempt of court or perverting the course of justice.
Mr. Lai was arrested in August 2020 during a clampdown on the city’s pro-democracy movement following massive protests in 2019.
His landmark trial is widely seen as a trial for press freedom and a test for judicial independence in the former British colony, which was promised to have its Western-style civil liberties remain intact for 50 years after returning to Chinese rule in 1997. Critics say the CCP has reneged on those promises amid the current national security law clampdown that has been used to arrest over 280 pro-democracy activists and politicians including Mr. Lai.
After Mr. Lai walked into the courtroom Tuesday, he smiled and waved to his supporters just as he did the day before. He also subtly blew a kiss to the public gallery. A supporter chanted, “Hang in there!”
Before opening statements, the judge heard arguments from both sides about whether the prosecution had passed the time limit in charging Mr. Lai for sedition. The law requires the prosecution of sedition charges to begin within six months after an alleged offense was committed.
Robert Pang, one of Mr. Lai’s lawyers, argued the prosecutors had laid the charge too late for the alleged conspiracy that ran between April 2019 and June 2021. But prosecutor Anthony Chau said the time limit should be set based on when the alleged conspiracy—involving at least 160 articles—actually ended.
The judges, approved by the government to oversee the proceedings, said they would make a decision Friday. The trial is expected to last about 80 days without a jury.
Mr. Lai’s prosecution has drawn criticism from the United States and the UK. In Washington, U.S. State Department spokesperson Matthew Miller reiterated calls for Mr. Lai’s release Monday, saying, “We have deep concerns about the deterioration in protection for human rights and fundamental freedoms in Hong Kong and that includes the rule of law.”
