Let us go back in time to the world of 2020 and 2021 in Hong Kong to the raids of Next Digital, the parent company of Apple Daily and Next Magazine, in Cheung Kwan O on Aug. 10, 2020, and June 17, 2021, when more than 300 and 500 police turned up to clamp down on freedom and democracy, it was more than surreal. The core management team of Apple Daily was arrested and has been detained for almost two years: the CEO, associate publisher, editor-in-chief, deputy editor-in-chief, English chief editor, and political editor are all detained without bail. The founder of Next Media, Jimmy Lai, has been detained for the longest, and he might be imprisoned for the rest of his life.
As we all know, the “red line” of the National Security Law (NSL) has been vague and is also a moving target—it has created a chilling effect for everyone.
For Mr. Lai’s upcoming NSL trial in December, he will face a no-jury court. His fate will be determined by the handling of his sentence by three NSL judges. On an even more serious note, it is believed that the barrister representing Jimmy Lai from the UK might be blocked by the Hong Kong government from representing him in the national security court.
Hong Kong’s Department of Justice has filed an appeal to the court’s decision to let media tycoon Jimmy Lai choose a defense lawyer from overseas. According to the Basic Law Article 35, the mini-Constitution in Hong Kong, it states clearly that: “Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection of their lawful rights and interests or representation in the courts, and to judicial remedies.” The communist Hong Kong government is vindictive, and they don’t want to lose a case, especially an NSL case. I presume the UK barrister might not be granted access to represent Jimmy Lai in court. (Latest development: The Hong Kong court has overruled the appeal on Nov 9, HK time, from the Department of Justice to let UK lawyer Tim Owen defend Apple Daily founder Jimmy Lai in Hong Kong)
On a broader scale, what is left in Hong Kong now is “unfree speech.” You either bow down and succumb, or else you get punished, and shutting down a newspaper or online media can be done very effectively. Hongkongers can see and understand clearly now that the extreme makeover of Hong Kong is cross-sectional. No one is immune to tyranny. John Lee, who was then the security minister for Hong Kong, repeatedly brought in the message that “Don’t collude with Apple Daily’s management in any shape or form, or else you face dire consequences.” Now, ascending to the throne of the Chief Executive of Hong Kong on July 1, with Beijing’s blessings.
John Lee was trying to convince the international finance community that “Hong Kong is back to normal” while the opposition camp is all jailed or in exile. In the highly controversial Global Financial Leaders Forum over the past week, even though the local officials, from Financial Secretary Paul Chan to Executive Council Convenor Regina Ip hard sell the “Hong Kong Story,” the international community remained skeptical of the political and economic situation. Hong Kong cannot be “open for business” when your own safety, personal and business assets are subject to the mercy of communist Hong Kong.
In regards to Apple Daily, let us rewind the clock back to 27 years ago. The first “From the Editor” inaugural publication of Apple Daily on June 20th, 1995, which is printed in traditional Chinese, and it reads as follows: “我們屬於香港—which translates to Apple Daily belongs to Hong Kong.” It was the only pro-democracy newspaper in town, and time was running out—two years remained before the former British colony reverted back to communist China. Apple Daily had become the most successful pro-democracy newspaper in the city. Since the enactment of the NSL, Hong Kong has become unrecognizable, and there are still so many forces in play trying to suppress all forms of freedom.
The NSL has become a fierce weapon that defied all logic, and very sadly, it has made the original version 1.0 of the “one country, two systems” a mockery. How can Hongkongers still carry on “life as normal” when pro-establishment figures made the argument now that journalistic work can still take place as long as it is “lawful?” You are under the gun every single minute to report news in Hong Kong.
The Foreign Correspondence Club of Hong Kong (FCC) has long been a news hub in Asia, and it has a long history of serving foreign journalists living in or passing by Hong Kong. Journalists use the hot desks for editorial work, and the FCC has been an excellent place to exchange ideas and information. The fate of the club is still unknown. The lease of the premise expires on Jan. 1, 2023, and the lack of indication from the Hong Kong Government Property Agency, which handles the FCC lease, to renew the rental terms for the next five years remains in suspense.
And back to the case of Next Media and Apple Daily. The British barrister’s entry to Hong Kong, if repealed by the Hong Kong court because of the Hong Kong Department of Justice’s intervention, would send a chilling effect to anyone considering doing business in Hong Kong. No one will be able to defend Jimmy Lai of Apple Daily. Mr. Lai’s lawyers in the UK also received death threats by receiving razor blades in the mail. Perhaps the Hong Kong court could just assign Mr. Lai any lawyer for the show and let him sit through all sessions and quickly pass an unjust verdict?
For the case of Apple Daily, if in defense of free speech and press freedom means putting the management, senior editorial staff, and majority shareholder of the most widely read newspaper (print plus online) in physical detainment or prison sentences, then my conclusion is simple. The harsh reality is: under the “new normal,” some form of journalistic reporting cannot be tolerated in Hong Kong anymore. And broadly speaking, the totalitarian regime has an overarching power to decide what is legal or not. And with this very broad power, you are restrained.
In conclusion, Hong Kong is not back to normal as long as there are political prisoners; and the people and money are in exodus mode. Over the last two years, those who remain in Hong Kong are adjusted to the “new normal” and adjusted to being silenced to avoid the so-called “troubles.” They have little choice when they live in fear. As for us Hongkongers, wherever you are, we should continue to monitor the developments of the NSL trials. Hashtags #FreeJimmyLai and #FreeHongKong are just not enough. We all have to fight very hard, no matter where we are, to condemn and resist unjust laws and unjust trials.
