Jimmy Lai Photo:VCG

Infamous anti-China disruptor and Next Digital founder Jimmy Lai, has been charged with two counts of conspiring to collude with foreign forces and one count of conspiring to publish seditious materials. A local court in Hong Kong has ruled on Thursday that there is a prima facie case for all three charges against the defendant, and Lai will testify in his own defense.

Some legal experts in Hong Kong said they believed the judges handling Lai's case will deal with the case in an impartial and fair way, setting an exemplary precedent for future national security related cases. 

The trial of Lai and three related companies of Apple Daily, accused of conspiring to collude with foreign forces, entered its 92nd day on Thursday. The prosecution and defense completed their mid-trial arguments on Wednesday, debating whether the prosecution has sufficient evidence to prove that Lai intended to request foreign sanctions against Hong Kong after the enactment of the National Security Law (NSL) for Hong Kong and was a member of a criminal plot to instigate international sanctions on Hong Kong and the Chinese mainland. 

Judges Esther Toh, Susana D'Almada Remedios, and Alex Lee, designated under the NSL for Hong Kong, ruled on Thursday that there is a prima facie case for the three charges against Lai. After seeking legal advice, Lai decided to testify in his own defense. The case has been adjourned to November 20 for further hearing.

Lai's lawyer applied for the charges to be dismissed, arguing that the allegations against Lai under the NSL for Hong Kong were brought before the law took effect, and there is no evidence that Lai continued such behavior after the law's enactment. The prosecution countered that Lai's stance had not changed after the law took effect.

The defense argued that Lai might have reached agreements with others before the law took effect at midnight on June 30, 2020, to publish certain reports or cooperate with certain organizations, which were not illegal at the time. They contended that these actions only became illegal after the NSL for Hong Kong was enacted and that the previous agreements automatically became void. Therefore, the prosecution has no evidence to show that Lai continued conspiring after the law's enactment.

The prosecution, however, argued that the evidence shows Lai's position did not change after the NSL for Hong Kong took effect. For instance, he instructed Apple Daily staff to continue their original editorial approach and directed paralegal Chan Tsz-wah, who stands accused of conspiring with Lai and others to collude with foreign forces, to continue with publicity and international liaison work after the law's enactment.

According to Article 29 of the NSL for Hong Kong, those found guilty of related offenses can be sentenced to more than three years and less than 10 years in prison; in severe cases, they can be sentenced to life imprisonment or more than 10 years in prison.

The defendants, Lai and three companies linked to Apple Daily, allegedly conspired with several senior executives of the media, who are also defendants, to publish seditious publications from April 1, 2019, to June 24, 2021.

One count of conspiring to collude with foreign forces alleges that from July 1, 2020, to June 24, 2021, they conspired to request foreign or external institutions, organizations, and personnel to impose sanctions on the Hong Kong Special Administrative Region (HKSAR) or the People's Republic of China.

Another count of conspiring to collude with foreign forces alleges that Lai, along with Chan and Andy Li Yu-hin, conspired from July 1, 2020, to February 15, 2021, to request foreign sanctions against the HKSAR or the People's Republic of China.

The case officially began on December 18, 2023, and is being heard by three judges designated under the NSL. As of June 11, the prosecution formally completed presenting its evidence, said Willy Fu, a law professor who is also the director of the Chinese Association of Hong Kong & Macao Studies.

The defense will now present its case, including calling defense witnesses and expert witnesses. Once the defense has completed its case, both the prosecution and defense will make closing arguments. The court will then deliver its verdict on whether the defendant is guilty and impose penalties accordingly, Fu told the Global Times on Thursday. 

"I believe that the three judges handling Lai's case will be impartial and fair, they will conduct the trial according to law," the expert said. 

Lai's case has drawn attention from both domestic and international media, some experts said. "Today's trial marks a significant development in the case, fully demonstrating the authority of the National Security Law and the full respect for the procedural justice of common law," Louis Chen, a member of the Election Committee and committee member of the All-China Youth Federation, told the Global Times on Thursday. 

"It is believed that the smooth progress of this case will serve as an exemplary precedent for future cases related to national security," Chen said.