Jimmy Lai trial must reflect Hong Kong’s judicial independence not political pressure
- With the world watching, the national security case involving former Hong Kong media tycoon has to be heard fairly and with respect shown to judges by all parties
International attention will not be far from the West Kowloon Law Courts Building for the next three months. Former media tycoon Jimmy Lai Chee-ying went on trial there yesterday on serious national security charges.
But it is not just about him. In the eyes of the world, Hong Kong’s legal system and judicial independence will also be under scrutiny. For that reason it is paramount the city’s legal system be given a fair trial too.
Lai, the 76-year-old owner of the now defunct Apple Daily newspaper, faces a charge of sedition under an old colonial-era law and of collusion with foreign forces under the national security law imposed by Beijing in 2020.
If convicted by three judges appointed from a panel selected by the chief executive and without a jury – a decision made by the Department of Justice – he faces up to life imprisonment.
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Hong Kong media tycoon Jimmy Lai's high-stakes national security trial gets under way
The highest-profile case arising from the anti-government protests of 2019 is expected to run for 80 days. The level of international interest is unparalleled. The public gallery yesterday included consular officials from a number of Western countries.
There is no question that it is a case of huge significance to the city’s international profile, image and reputation.
Hong Kong’s unique position under the “one country, two systems” concept allows the city to have a different legal and judicial system from the mainland. This case is a chance to demonstrate that judicial independence here remains alive and robust.
Regardless of the ultimate outcome, due process should be respected, and the court allowed to carry out its duty without pressure. It should be free to look at the facts of the case without fear or favour, but according to the law.
Amid an intense international lobbying campaign for Lai, which Beijing dismisses as foreign interference, there are questions whether in light of him being incarcerated for 1,000 days the case has been unduly delayed.
All eyes on Hong Kong media tycoon Jimmy Lai as national security trial begins
However, this may reflect a number of factors beyond the control of the judiciary, such as the involvement of judges in other trials and the disruption caused by Covid-19. There is no evidence or reason to suggest a deliberate effort to delay the trial.
The fact Beijing did not act on suggestions to transfer the case to the mainland shows respect to Hong Kong’s courts, and that the city’s judicial independence is not just a slogan, but a core value to be honoured by deeds, not just words.
Now that the trial has begun genuine respect to the judges is critical to let the courts handle the case impartially. Political pressure is the last thing the courts need.
They have a duty to ensure a fair trial, set a solid precedent in safeguarding national security, and prove that national security law and human rights protections are not mutually exclusive.
