The Hong Kong Court of First Instance sentenced media tycoon and Apple Daily newspaper founder Jimmy Lai to 20 years imprisonment on Monday following his conviction in December on “national security” charges. This marks the latest development in a years-long legal battle, and the heaviest sentence since the instatement of the 2020 National Security Law.
Lai was one of the most high-profile government critics over the decades, and was outspoken over the deterioration of freedoms in Hong Kong, including to US officials. Apple Daily, which ceased operations and had its assets frozen after the imposition of the 2020 law, was a fiercely pro-democracy newspaper in the city.
The court held that Lai committed the offenses “of a grave nature.” Coming to this conclusion, the court considered that Lai and co-defendants in the case had purposefully persuaded, through online platforms, foreign governments to impose sanctions against Chinese and Hong Kong officials. The court also considered that the advocacy campaign had been persistent, and the foreign sanctions have been ongoing to date.
The court further held that Lai was the “mastermind” of the advocacy campaign, which was an aggravating factor. Having considered that Lai is 78 years old and suffers from medical conditions, the court nonetheless imposed a 20-year term.
The court sentenced six other co-defendants to imprisonment of 81 to 120 months, based on plea bargains and the extent of their assistance to the prosecution. The court also fined each of three Apple Daily-related companies for HK$3 million.
The sentence attracted widespread criticism from international rights groups and foreign governments. The Committee to Protect Journalists, Amnesty International, Human Rights Watch and Australia’s Minister for Foreign Affairs Penny Wong all stated that the sentence violated freedom of speech and the press.
In contrast, Hong Kong’s Secretary for Security Tang Ping-keung said the sentence reflected the serious nature of the offense. He also rejected the accusations from international politicians and organizations that the sentence was a violation of press freedom, claiming the open trial proved that Lai had incited hatred against the government through misinformation. Hong Kong Chief Executive John Lee called Lai’s crimes “heinous” and “evil deeds,” saying the sentences upheld the rule of law.
Other foreign actors voiced concerns over Lai’s medical condition, calling on the Hong Kong government to release him on humanitarian grounds. These include the UN High Commissioner for Human Rights Chief Volker Türk, the UK Foreign Secretary Yvette Cooper, the US Secretary of State Marco Rubio, and Canada Minister of Foreign Affairs Anita Anand.
In response to the sentence, the UK government expanded its humanitarian immigration pathway to British National (Overseas) status holders who were under 18 at the time of Hong Kong’s 1997 handover.
One day after the sentencing, China’s State Council released a white paper that reviewed the effectiveness of the 2020 National Security Law in restoring the stability of Hong Kong. The publication also outlined how the Chinese and Hong Kong governments will work together to implement the “One Country, Two Systems” system and safeguard national security.