Police keep watch in front of the media outside the West Kowloon Magistrates' court in Hong Kong on Monday, where arguments were made in the sentencing of Jimmy Lai.PETER PARKS/AFP/Getty Images
Hong Kong media mogul Jimmy Lai was back in court Monday for mitigation hearings, as his legal team seeks a lighter sentence for the 78-year-old weeks after he was found guilty on national security charges.
A long-standing critic of China and backer of Hong Kong’s pro-democracy movement, Mr. Lai was arrested in 2020 during a crackdown that followed months of anti-government protests the year before. He was charged under a national security law imposed on Hong Kong by Beijing, accused of sedition and colluding with foreign forces to undermine Chinese rule in the territory.
The same law has been used to dismantle Hong Kong’s civil society, with publications such as Mr. Lai’s tabloid newspaper Apple Daily forced to close, opposition politicians jailed and human rights groups and organizations disbanded.
On Dec. 15, a panel of three judges, handpicked by Hong Kong leader John Lee to oversee sensitive national security cases, found there was “indisputable evidence” Mr. Lai had conspired with foreign actors to undermine the Chinese and Hong Kong governments, based on a lifelong “resentment and hatred” of the Communist regime in Beijing.
Mr. Lai faces a minimum sentence of 10 years and could be jailed for life if judges deem the charges of which he was found guilty an “offence of a grave nature” under the national security law.
After last month’s verdict, China’s Office for Safeguarding National Security described Mr. Lai as the “ringleader of the anti-China and pro-chaos movement” of 2019 and “mastermind” of an attempted “colour revolution” against the Chinese government.
“The people of China, including compatriots in Hong Kong, are filled with righteous indignation and strongly demand that he be severely punished according to the law,” it said in a statement.
In a submission to the court, Mr. Lai’s lawyer, Robert Pang, argued judges should take his client’s health and age into consideration when deciding the sentence. Mr. Lai suffers from diabetes, heart palpitations and has had trouble with his sight and hearing, among other issues.
Jimmy Lai's defence lawyer, Robert Pang, arrives at the court on Monday.Lam Yik/Reuters
Mr. Pang noted Mr. Lai has spent much of the last five years in solitary confinement for security reasons, limited to an hour of exercise every day – during which he still cannot see the sun – and twice-monthly, 30-minute visits with members of his family and supporters. After sentencing, it is likely Mr. Lai will remain in solitary confinement, Mr. Pang said, and this could exacerbate his health conditions.
Mr. Lai’s guilty verdict and the spectre of a tough prison term have been widely denounced by human rights advocates, press groups and foreign governments.
The G7, which includes Canada, issued a statement last month condemning the verdict, which it said was emblematic of “deteriorating rights, freedoms and autonomy in Hong Kong,” and calling for Mr. Lai’s immediate release.
A panel of United Nations human rights experts also criticized Mr. Lai’s prosecution and called for him to be freed.
“There have been serious due process failures of the trial, including allegations that at least one prosecution-turned witness was tortured in China, and such evidence was neither investigated nor excluded,” the experts said.
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“This conviction represents a direct assault on freedom of expression and media freedom and is deliberately aimed at deepening the chilling effect on civil society. It targets the courageous members of Hong Kong’s civil society – independent journalists and human rights defenders, whose only ‘offence’ is seeking to express their views freely, something that should never be treated as a crime.”
A spokesperson for the Hong Kong government said this month the verdict against Mr. Lai was free of “political considerations” and a demonstration of “a society underpinned by the rule of law.”
Long before he was found guilty, Mr. Lai’s family had said such a verdict was inevitable and they were focused on securing his release on humanitarian grounds or via diplomatic means. Mr. Lai’s son Sebastian has spent the past two years lobbying in various capitals for international support.
Speaking to reporters last month, U.S. President Donald Trump said he had urged Chinese leader Xi Jinping to free Mr. Lai.
“I feel so badly,” Mr. Trump said. “I spoke to President Xi about it and I asked to consider his release.”
Mr. Lai is a British citizen, and British Prime Minister Keir Starmer, whose government is seeking closer ties with Beijing, has also said securing his freedom will be a top priority.