Trial of Jimmy Lai
The long-anticipated trial of Jimmy Lai opened on Monday 18 December 2023. Jimmy Lai is a British citizen who founded the now-defunct newspaper Apple Daily, the largest pro-democracy newspaper in Hong Kong. Mr Lai faces three charges under Hong Kong’s Beijing-imposed National Security Law (NSL) which carries a maximum punishment of life in prison, and one charge for “conspiracy to publish seditious publications” under the colonial-era sedition law. A long-time critic of the Chinese Communist Party, Mr Lai is one of the most high-profile pro-democracy activists who have been arrested under the NSL.
Andy Li, who faced alleged torture, continues to testify against Jimmy Lai
Key prosecution witness Andy Li continued to testify against Jimmy Lai. During his testimony, Andy Li discussed his involvement, together with “Fight For Freedom. Stand With Hong Kong.” (SWHK), in the “G-Fight for Freedom Crowdfunding” campaign to raise international awareness of the 2019 pro-democracy protests in Hong Kong. Mr Li shared that the funds raised were used for global newspaper advertisements, as well as to support pro-democracy activities in Hong Kong.
Following three rounds of crowdfunding campaigns, Andy Li testified to his transition to international lobbying. This included arranging a visit for British parliamentarians to Hong Kong to observe the District Council elections due to concerns about the integrity of democracy and freedom in the city. Mr Li also spoke about his lobbying trip to the US in December 2019 and his lobbying efforts in Japan, identifying himself as “one of the Hong Kongers [who was] doing international lobbying on the international stage.” A meeting between Mr Li and United Nations Human Rights Council staff was presented as evidence of “collusion with foreign forces”.
When Andy Li took the stand on 13 March 2024, there was public outcry following claims that evidence from Mr Li had been obtained through torture while in a Shenzhen prison from 2020 to 2021, including alleged subject to restraint chairs (tiger chairs) to force confessions. On 31 January 2024, the United Nations Special Rapporteur on torture Dr Alice Jill Edwards wrote to the Government of the People’s Republic of China to address these claims, stating, “I am deeply concerned that evidence that is expected to be presented against Jimmy Lai imminently, may have been obtained as a result of torture or other unlawful treatment. An investigation into these allegations must be conducted immediately, before any evidence is admitted into these present proceedings.”
Andy Li is a pro-democracy activist who tried to flee to Taiwan by speedboat after the imposition of the National Security Law in August 2020, but was intercepted by the authorities and taken to mainland China. Following trials in mainland China, Mr Li was convicted under the National Security Law and returned to Hong Kong. Mr Li is expected to receive his sentence following the conclusion of Mr Lai’s trial.
Other Developments
Development 1: 89 international parliamentarians and public figures, including UN Special Rapporteurs, condemn the passage of Article 23 in Hong Kong
A cross-party international coalition of 89 parliamentarians and public figures issued a statement condemning the Hong Kong Legislative Council’s passage of the Safeguarding National Security Bill under Article 23 of the Basic Law of Hong Kong, referred to as ‘Article 23’. Article 23 was swiftly passed by the Hong Kong Legislative Council on 19 March 2024, just 49 days after the Hong Kong Government released the initial 110-page consultation document for the bill. Within 49 days, there was also a 220-page consultation report, a 212-page draft bill, a 524-page Legislative Council brief, and 76 pages of revisions. Article 23 went into effect on 23 March 2024.
The new legislation targets five types of activities which the Hong Kong officials intend to declare as ‘offences’, and contains vaguely-worded provisions which threaten to both criminalise the peaceful exercise of human rights and dramatically undermine due process and fair trial rights in Hong Kong. Article 23 will bring further devastating consequences for human rights and freedoms in Hong Kong, beyond the impact of the National Security Law imposed by Beijing in 2020. In a submission to and joint statement in response to the public consultation for the bill, Hong Kong Watch alongside over 85 other international human rights organisations warned that the law also further violates Hong Kong’s obligations under international human rights law.
This week, pro-democracy activist Ma Chun-man likely became the first Hong Konger to have Article 23 applied to his sentence. Despite his expected release on Monday just 48 hours after Article 23 was enacted, Hong Kong Chief Executive John Lee said, “It’s been made very clear that if a prisoner is serving a sentence in respect to his conviction of an offence endangering national security, the prisoner is not entitled to remission.” The loss of the previous one-third remission for the good behaviour of prisoners under Article 23 means that Mr Ma will spend at least 20 more months behind bars. This case also implies, and John Lee confirmed, that the Hong Kong authorities intend to apply Article 23 retroactively, placing existing political prisoners and others in Hong Kong who have peacefully exercised their rights and freedoms at heightened risk.
Following Mr Ma’s case and the enactment of Article 23, six UN Special Rapporteurs published a letter to the Permanent Mission of the People’s Republic of China to the United Nations, expressing their concerns that Hong Kong’s new Safeguarding National Security Ordinance violates human rights. The letter details how Article 23 will violate freedoms of opinion and expression, peaceful assembly and association, freedom from arbitrary detention, the right to a fair trial, freedom of movement, the right to privacy, and the right to take part in the conduct of participation in public affairs, and the right to academic freedom.
Hong Kong Watch continues to warn the international community about the threat of Article 23 on basic civil and political liberties in Hong Kong and around the world. We urge the international community to address these threats by making public statements, imposing targeted sanctions, broadening lifeboat schemes for Hong Kongers, ensuring that the law is not applicable overseas and used for transnational repression, and reviewing Hong Kong’s special status including the status of Hong Kong Economic and Trade Offices.
Development 2: Civic Party dissolved in Hong Kong following enactment of Article 23
Just four days after the enactment of Article 23, the Civic Party of Hong Kong officially dissolved. In May 2023, the Civic Party disbanded under a leadership vacuum, and spent the remainder of the year clearing out its office.
Following the imposition of the National Security Law in Hong Kong in 2020, the Civic Party had elected politicians unseated, three members jailed, and a former politician listed as a wanted fugitive. By the end of 2021, all Civic Party members had been ousted under Beijing’s “patriots-only” doctrine which disqualifies anyone deemed politically disloyal from Hong Kong public office.
The Civic Party is a pro-democracy political party in Hong Kong that was founded in 2006 as a Basic Law Article 45 Concern Group to promote democracy in Hong Kong.
