Jimmy Lai’s Lawyers Meet British Minister to Discuss Release

Jimmy Lai’s Lawyers Meet British Minister to Discuss Release
Media mogul Jimmy Lai, founder of Apple Daily, arrives the Court of Final Appeal by prison van in Hong Kong, China Feb. 9, 2021. Tyrone Siu/Reuters
Updated:

The global legal team of Jimmy Lai Chee-ying, founder of Next Media, who has been imprisoned for two years to date, proposed to meet with British Prime Minister Rishi Sunak urgently, hoping to discuss ways to ensure Lai’s release.

The British Prime Minister’s spokesperson confirmed on Jan. 10 that Lai’s legal team met with Anne-Marie Trevelyan, the Foreign Office’s Minister of State for Indo-Pacific Regional Affairs, saying that the Foreign Office has provided support for Lai for some time.

Lai, a British citizen, faces charges of “colluding with foreign countries or foreign forces to endanger national security” under the “Hong Kong National Security Law,” with a maximum penalty of life imprisonment. The BBC reported on Jan. 10 that Lai may spend the rest of his life in prison. When his international legal team wrote to the British government, they hoped to discuss possible ways to secure Lai’s release and described the case as “deeply concerned” and “emblematic.”

The report mentioned that Lai’s U.K. legal team has repeatedly requested to meet with the two ministers from the Foreign Office, but they were either refused or received no reply. The letter also mentioned that the British government agreed earlier this month that Lai’s international legal team meet with one minister from the Foreign Office. Caoilfhionn Gallagher, KC, who led the team, emphasized in the letter that after Lai was convicted of fraud last year, the U.S. government condemned the charge, but the British government issued no official statement.

In an interview with the BBC, Lai’s son Sebastien Lai, who is now in Taiwan, mentioned that his father, a British citizen, “was imprisoned for advocating those values that we all take for granted and are sacrosanct to all of us.” He also said that Jimmy Lai had given up a lot for Hong Kong’s democracy in the past 20 years, and he believed that he should not go to jail.

Hong Kong Government Response

Lai’s legal team met with Anne-Marie Belinda Trevelyan on Jan. 10. A spokesperson for the British Prime Minister said, “The British government will always support rights and freedoms and the rule of law.”
The Hong Kong government issued a statement at 11:42 p.m. on Jan. 10, responding to the above reports. It said it “opposes and condemns” Lai’s international legal team and the British government’s behavior in “attempting to undermine” the rule of law in Hong Kong and “interfering” in Hong Kong’s independent judiciary.

International Lawyers Team Criticizes UK Government

Lai was earlier accused of letting his consultancy firm, Dico Consultants Ltd. operate in the Apple Daily’s Office during the time when he rented the Tseung Kwan O Industrial Estate Building and ran Apple Daily. But he failed to report this “subletting” to the landlord-HK Science and Technology Parks Corporation and was convicted of fraud by the court. On Dec. 10th, 2022, he was sentenced to five years and nine months in prison, fined HKD$2 million (Approximately $256,000), and banned from being a company director for eight years.

Dec. 10 is also Human Rights Day. Its international legal team issued a statement on this topic on the same day, condemning the conviction and judgment of the Hong Kong court. Gallagher called on the British government to take immediate and strong action to secure Lai’s release ahead of his pending national security law trial.

She also pointed out that the multiple prosecutions and lawsuits against Lai are all smears by the authorities to silence him, believing that the legal harassment and imprisonment of Lai since 2020 is a flagrant violation of international law. And that Lai’s sentence on groundless “fraud” charges on Human Rights Day is a deep mockery of the event.

Gallagher had criticized at the time that it was astonishing to hear more about Lai’s fraud convictions from the U.S. government than Lai’s own government (the British government) and demanded that the British Prime Minister and Foreign Secretary act with due urgency and speak out in support of its citizen.

US State Department Dismisses Fraud Allegations as Spurious

U.S. State Department spokesperson Ned Price issued a statement on Oct. 26 after Lai was convicted of fraud, condemning the Hong Kong court’s verdict against Lai, describing it as a “spurious” fraud allegation.

The statement pointed out that Lai is an advocate of democracy in Hong Kong and believes that the Chinese Communist Party (CCP) has “intensified its efforts to use the National Security Law (NSL) to suppress independent media, strangle dissenting opinions, and stifle freedom of speech.” He criticized the authority for using legal procedures that are even harsher than that of the NSL in this case. In doing so, it undermines the provisions of the Sino-British Joint Declaration—that is, China has an obligation to maintain Hong Kong’s high degree of autonomy and protect (people’s) rights and freedoms.

Price urged the CCP to “restore respect for press freedom in Hong Kong, where the once-vibrant independent media environment has all but disappeared. Smothering press freedom, restricting the free flow of information, and the like have all undermined Hong Kong’s democratic system and damaged Hong Kong’s reputation as a commercial and financial center.”

Political Persecution

On Aug. 10, 2020, the police arrested Lai and others on suspicion of violating the “Hong Kong National Security Law” and conspiracy to defraud but allowed them to be released on bail and have not been charged.

On Dec. 3 of the same year, the police arrested Lai and accused him of violating the terms of the land lease of the Tseung Kwan O Industrial Estate and refused him bail. Later, he was charged with the crime of “colluding with foreign countries or foreign forces to endanger national security.” Although Lai was released on bail at the end of December, the CCP mouthpiece media lashed out. After the Department of Justice appealed, the Court of Final Appeal decided to revoke Lai’s bail in February 2021, and Lai has been imprisoned to this day.

Lai now faces trial under the National Security Law and hired Tim Owen, KC, for his defense. This was under fierce opposition from the Department of Justice, which appealed three times to prevent Lai from hiring a British King’s Counsel for his defense. After failing its appeal from the Court of Final Appeal the Hong Kong government requested the CCP rubber-stamp legislature to overturn the judgment. The trial is now adjourned until Sept. 25, 2023, which is expected to last for 40 days until Nov. 21.