HONG KONG (AP) — Jimmy Lai, the pro-democracy former Hong Kong media tycoon and a fierce critic of Beijing, was sentenced to 20 years in prison in the longest punishment given so far under a China-imposed national security law that has virtually silenced the city’s dissent.
Lai, 78, was convicted in December of conspiring with others to collude with foreign forces to endanger national security, and conspiracy to publish seditious articles. The maximum penalty for his conviction was life imprisonment.
His co-defendants, six former employees of his Apple Daily newspaper and two activists, received prison terms of between 6 years and 3 months, and 10 years on collusion-related charges.
Lai smiled and waved at his supporters when he arrived for the sentence. But before he left the courtroom, he looked serious, as some people in the public gallery cried. When asked about whether they would appeal, his lawyer Robert Pang said no comment.
Lai's daughter says he will die a martyr in prison
The democracy advocate's arrest and trial have raised concerns about the decline of press freedom in what was once an Asian bastion of media independence. The government insists the case has nothing to do with a free press, saying the defendants used news reporting as a pretext for years to commit acts that harmed China and Hong Kong.
Lai was one of the first prominent figures to be arrested under the security law in 2020. Within a year, some of Apple Daily’s senior journalists also were arrested and the newspaper shut down in June 2021. The final edition sold a million copies.
Lai’s sentencing could heighten Beijing’s diplomatic tensions with foreign governments. His conviction has drawn criticism from the U.S. and the U.K.
U.S. President Donald Trump said he felt “so badly” after the verdict and noted he spoke to Chinese leader Xi Jinping about Lai and “asked to consider his release.” British Prime Minister Keir Starmer's government also has called for the release of Lai, who is a British citizen.
In a statement, Lai’s son, Sebastien, said the “draconian” prison term was devastating for our family and life-threatening for his father.
“It signifies the total destruction of the Hong Kong legal system and the end of justice,” he said.
His sister Claire called the sentence “heartbreakingly cruel” in the same statement. “If this sentence is carried out, he will die a martyr behind bars,” she said.
Judges ruled Lai was the mastermind
Lai founded Apple Daily, a now-defunct newspaper known for its critical reports against the governments in Hong Kong and Beijing. He was arrested in August 2020 under the security law that was used in a yearslong crackdown on many of Hong Kong’s leading activists.
In their ruling, three government-vetted judges wrote that the starting point of Lai’s sentence was increased because they found him to be the mastermind of the conspiracies. But they also reduced his penalty because they accepted that Lai’s age, health condition and solitary confinement would cause his prison life to be more burdensome than that of other inmates.
They took into account that Lai is serving a prison term of five years and nine months in a separate fraud case and ruled that 18 years of Lai’s sentence in the security case should be served consecutively to that prison term.
Urania Chiu, lecturer in law at Oxford Brookes University, said the case is significant for its broad construction of seditious intent and application of the term “collusion with foreign forces” to certain activities by the media. The implication is particularly alarming for journalists and those working in academia, she said.
“Offering and publishing legitimate critiques of the state, which often involves engagement with international platforms and audiences, may now easily be construed as ‘collusion,’” Chiu said.
Lai has been in custody for more than five years. In January, lawyer Robert Pang said Lai suffered health issues including heart palpitations, high blood pressure and diabetes. The prosecution said a medical report noted Lai’s general health condition remained stable.
Co-defendants get reduced sentences
The former Apple Daily staffers and activists involved in Lai’s case entered guilty pleas, which helped reduce their sentences Monday. They earlier admitted to the prosecution charge that said they conspired with Lai to request foreign forces to impose sanctions or blockades, or engage in other hostile activities against Hong Kong or China.
The convicted journalists are publisher Cheung Kim-hung, associate publisher Chan Pui-man, editor-in-chief Ryan Law, executive editor-in-chief Lam Man-chung, executive editor-in-chief responsible for English news Fung Wai-kong and editorial writer Yeung Ching-kee. They received prison terms ranging between six years and nine months, to 10 years.
The two activists, Andy Li and Chan Tsz-wah, were sentenced to six years and three months, and seven years and three months respectively.
The penalties for Cheung, Chan and Yeung, alongside the two activists, were reduced in part because they served as prosecution witnesses and the judges said their evidence had “significantly” contributed to the conviction of Lai.
Before sunrise, dozens of people stood in line outside the court building to secure a seat in the courtroom.
Former Apple Daily employee Tammy Cheung said she could only support them spiritually by seeing them.
“Whatever happens, it’s an end — at least we’ll know the outcome,” she said.
Case considered a blow to Hong Kong media
Lai founded Apple Daily in 1995, two years before Hong Kong returned to Chinese rule after 156 years as a British colony. The publication drew a strong following with reports that were occasionally sensational, investigative scoops and short, animated video reports. Articles supporting the city’s democracy movement, including anti-government protests that rocked the city in 2019, attracted many pro-democracy readers.
In 2022, Hong Kong plunged 68 places to 148th out of 180 territories in the press-freedom index compiled by media freedom organization Reporters Without Borders. The city's latest ranking was 140th, far from 18th place in 2002.
Steve Li, chief superintendent of the police force’s National Security Department, welcomed the heavy sentence on Lai. “Obviously, he has done nothing good for Hong Kong that could serve as a basis for his mitigation,” he told reporters.
When asked if Lai would be spending the rest of his life in prison, Li said: “No one would know. Only the universe would know."
Lai's sentence has raised concerns among rights groups.
Human Rights Watch's Asia Director Elaine Pearson said the harsh 20-year-sentence is effectively a death sentence, calling it cruel and unjust.
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Associated Press writer Chan Ho-him contributed to this report
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