Hong Kong court hears arguments on sentencing of former publisher Jimmy Lai; no decision yet

FILE- Hong Kong media tycoon Jimmy Lai is escorted by Correctional Services officers to get on a prison van before appearing in a court in Hong Kong, Dec. 12, 2020.

HONG KONG — A Hong Kong court heard arguments Monday about the sentencing of democracy advocate and onetime-media magnate Jimmy Lai, whose conviction under a national security law could land him in prison for the rest of his life.

Lai founded the now-defunct Apple Daily newspaper and was an outspoken critic of China’s ruling Communist Party. He was arrested in 2020 under the law imposed by Beijing following massive anti-government protests that rocked Hong Kong the year before.

In December, he was found guilty of conspiring with others to collude with foreign forces and conspiracy to publish seditious articles.

His conviction raised concerns about the curtailing of press freedom in the former British colony, which returned to Chinese rule in 1997.

His case could also test Beijing’s diplomatic ties. The verdict drew criticism from foreign governments, including the U.S. and Britain. After the verdict, U.S. President Donald Trump, who had raised Lai’s case with China, said he felt “so badly.”

Lai, alongside other co-defendants, appeared in court for the four-day mitigation hearings. The maximum penalty is life imprisonment. Sentencing will come later.

Lai’s lawyer Robert Pang said his client’s health, age and solitary confinement would make his sentence “more burdensome” compared to that of the general prison population. Lai is 78, so the impact of a lengthy prison sentence will be greater, Pang argued.

“Every day he spends in prison,” Pang said, “brings him closer to the end of his life.”

Lai’s physical condition discussed in court

When Lai entered the courtroom, he pressed his palms together, an apparent gesture to express gratitude, and smiled at those sitting in the gallery. The media tycoon appeared to be in good spirits and greeted a convicted Apple Daily editor who was also in the dock.

In August, his lawyers told the court that he suffered from heart palpitations. Hong Kong’s government said no abnormalities were found in a subsequent medical exam.

Prosecutor Anthony Chau said Lai’s health was stable. Chau said Lai had lost just 0.8 kg (about 1.8 pounds) over five years of detention, weighing 79.2 kg (about 175 pounds) when it was last measured this month. Lai is still considered obese as an Asian adult, Chau said. The obesity comment drew chuckles from some people sitting in the public gallery, and Lai also smiled.

But Pang argued that his client no longer lived up to his nickname of “Fatty Lai,” in contrast to images in videos filmed before detention and previously shown to the court.

Esther Toh, one of the three government-vetted judges, rejected estimating weight by relying on human eyes, saying people may look fatter on camera. Pang also said Lai’s weight once dropped 11 kg (24 pounds) within a year, though the court heard he later regained some of the weight.

The lawyer said Lai suffers health issues like hypertension, diabetes and a blocked vein in one eye.

Pang argued his client’s solitary confinement -- which Chau earlier said was at Lai’s request -- was making his prison life “harsher” than others.

Before sunrise, dozens of people had already lined up outside the court building to secure a seat in the public gallery. Retiree Simon Ng, a former Apple Daily reader, said he arrived and waited in line since Friday morning, hoping to see Lai.

“I want to let him know that he’s not alone,” Ng said. “Many people support him.”

Judges ruled Lai was the mastermind

Lai was convicted of two counts of conspiracy to commit collusion with foreign forces to endanger national security, in addition to one count of conspiracy to distribute seditious publications. Lai pleaded not guilty to all charges.

The judges wrote in their December verdict that Lai spearheaded the conspiracies and took issue with what they called his “constant invitation” to the United States to bring down the Chinese government with the excuse of helping Hong Kongers.

Lai’s lawyers acknowledged during the trial that he had called for foreign sanctions before the national security law took effect, but insisted he dropped these calls to comply with the law. They also argued on freedom of expression grounds.

But the judges said that Lai had never wavered in his intention to destabilize the ruling Chinese Communist Party. After the enactment of the law, he intended to continue, though less explicitly, they said. They emphasized that Lai was not on trial for his political views.

Beijing has opposed what it called the smearing of Hong Kong’s judiciary “by certain countries,” saying the judicial authorities perform duties according to the law.

Others have a chance of lighter sentences

Six ex-Apple Daily senior executives and two activists involved in Lai’s case had entered guilty pleas, admitting that they had conspired with Lai and others to request foreign forces to impose sanctions, blockades or engage in other hostile activities.

The executives were publisher Cheung Kim-hung, associate publisher Chan Pui-man, editor-in-chief Ryan Law, executive editor-in-chief Lam Man-chung and editorial writers Fung Wai-kong and Yeung Ching-kee. Some of them, alongside the two activists Andy Li and Chan Tsz-wah, served as prosecution witnesses during the 156-day trial.

A guilty plea usually can lead to a sentence reduction. Under the security law, a reduced penalty may be granted to those who report on the offense committed by others.

Lawyers representing the two activists suggested their clients’ final sentences should be cut to under 10 years in part due to their cooperation in the case. Cheung’s lawyer, Lucas Lau, also cited his client’s help in the case as one of the factors for a lighter penalty.

Chan Pui-man’s husband, Chung Pui-kuen, a former top editor of Stand News who had been sentenced to 21 months in jail in a separate sedition case, was among those sitting in the public gallery.

Trump said after the verdict that he spoke to Chinese President Xi Jinping about Lai and “asked to consider his release.” British Prime Minister Keir Starmer has said his government has made it a priority to secure the release of Lai, a British citizen.

The hearing will continue Tuesday and will focus on Lai’s co-defendants.

Kanis Leung, The Associated Press