Hong Kong’s Jimmy Lai insisted on pressing ahead with sanctions bid after national security law took effect, court hears

Apple Daily founder believed legislation imposed in 2020 was ‘all bark and no bite’ after being urged to consider his personal safety, key prosecution witness says
‘[Lai] went on to say he would set an example himself and continue to call for sanctions and attention in different media,’ witness adds

Jimmy Lai trial

Brian Wong

Published: 8:16pm, 23 Apr 2024

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Hong Kong media tycoon Jimmy Lai Chee-ying believed the national security law was “all bark and no bite” and insisted efforts to trigger international sanctions should continue even after the legislation took effect four years ago, a key prosecution witness has told a court.

Prosecutors on Tuesday also highlighted text exchanges between the Apple Daily founder and paralegal Wayland Chan Tsz-wah after news about the Beijing-decreed legislation broke amid China’s annual “two sessions” political meetings in Beijing in May 2020.

West Kowloon Court heard Chan, who had connected Lai to activists drumming up foreign support for the 2019 anti-government protests, appealed to the tycoon to prioritise his personal safety over his international endeavours.

But the tycoon said he was prepared to carry on until the end when he decided to join “the fight for freedom”.

“Let’s not worry about personal security,” he wrote. “We may not win but must persist.”

Prosecution witness Chan testified he had revealed similar concerns to Lai during a covert meeting at the headquarters of the now-defunct Apple Daily tabloid in Tseung Kwan O the following month.

“At that time, I believed we should back down and stop advocating sanctions. I felt nobody should be doing that,” he said. “But he said the national security law was all bark and no bite, and he would be fine.

“He went on to say he would set an example himself and continue to call for sanctions and attention in different media.”

Lai told Chan in that meeting he had been “discussing with the United States” about ways to support the youngsters involved in the 2019 unrest.

Media tycoon Jimmy Lai has pleaded not guilty to two conspiracy charges of collusion with foreign forces and a third of conspiracy to print and distribute seditious publications. Photo: AP

The witness said he later learned that Lai, with the help of the US-based Hong Kong Democracy Council, successfully convinced American legislators to back the Hong Kong Safe Harbour Act, a bipartisan bill that would offer refugee status to Hongkongers at risk of persecution under the 2020 security law.

Lai, 76, allegedly used Chan as a middleman to relay instructions to activists of the “Fight for Freedom, Stand with Hong Kong” (SWHK) advocacy group to instigate economic sanctions and other hostile acts against the city and mainland China.

He has pleaded not guilty to two conspiracy charges of collusion with foreign forces and a third of conspiracy to print and distribute seditious publications.

Chan on Tuesday said Lai had offered guidance to those fighting on the “international front” – a reference to efforts to trigger sanctions and a blockade – after a meeting in Taiwan in January 2020.

The tycoon sent Chan a link to a “great open letter”, written by British political activist Luke de Pulford and published on the Apple Daily website, which urged democracy campaigners to better formulate their demands and find a way to increase their representation.

Chan believed Hong Kong activists, with Lai pulling the strings, would have a greater chance of lobbying foreign government officials and those working “under the table”, such as political advisers.

Jimmy Lai plotted mainland China’s political collapse, Hong Kong court hears

The witness was shown a series of text messages Lai forwarded to him in April 2020, which appeared to represent US concerns over increased violence in Hong Kong.

“I think it’s fair to say that the US will continue to try to push back on Beijing, but is wary of being dragged into a clash not of Washington’s choosing,” one message said.

“I was told the US is very concerned about new violence from demonstrators, increased threats from bombs [or improvised explosive devices].”

The message went on to say the city’s pan-democrats had been “warned that death of police or civilians will open a wide gap” and that US officials agreed that “violence poses a serious threat to the movement”.

The remarks were reportedly made by a person who had regular contact with a senior US official, but Chan said he had no idea who they were.

Chan said he had sent the messages to activist Andy Li Yu-hin, a core SWHK member, as well as UK-based campaigner Finn Lau Cho-dik, for them to better understand Washington’s position.

Hong Kong tycoon Jimmy Lai backed 2020 unofficial primary election, court hears

The paralegal said both activists had previously agreed to act in accordance with Lai’s instructions to instigate economic sanctions against Hong Kong and mainland officials.

Lai in return sought “something creative” from the activists to help boost Apple Daily’s subscriptions, he added.

Separately, Chan said he had advised Li on his work in the Inter-Parliamentary Alliance on China (IPAC), which the activist described as an anti-China group, based on suggestions given to him by Lai’s right-hand man Mark Simon, who used to work for US naval intelligence.

The witness also commented on Lai’s role in an opposition-led legislative primary election in July 2020, claiming that the mogul was the first to float the idea and had invested a huge amount of resources to facilitate the unofficial poll.

The trial continues on Wednesday.

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