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Media mogul Jimmy Lai is escorted to a prison van en route to a court appearance last year. Photo: Winson Wong

Hong Kong prosecutors hit tycoon Jimmy Lai, 6 former Apple Daily employees with fresh sedition charge

  • The new charge alleges that the defendants conspired to print, publish, sell, offer for sale, distribute, display or reproduce seditious publications
  • All seven defendants were already behind bars awaiting trial under the national security law
Hong Kong media tycoon Jimmy Lai Chee-ying and six former senior employees of his now-defunct Apple Daily newspaper have been slapped with a new sedition charge while awaiting trial under the Beijing-imposed national security law.

Prosecutors on Tuesday added the fresh count to the seven defendants’ indictment as they returned to West Kowloon Court for another pretrial hearing before their case is transferred to the higher Court of First Instance to be heard.

The new charge under the Crimes Ordinance alleges that the defendants conspired to print, publish, sell, offer for sale, distribute, display or reproduce seditious publications between April 1, 2019 and June 24 of this year, the date of Apple Daily’s final edition.

They were accused of doing so with the intent to “raise discontent or disaffection” among the city’s inhabitants, “incite persons to violence”, “counsel disobedience to law or to any lawful order”, or “bring into hatred or contempt or to excite disaffection” against the central authorities, the Hong Kong government or the administration of justice.

Former Apple Daily publisher Cheung Kim-hung is also among those hit with the new charge. Photo: Dickson Lee

The six former employees are editor-in-chief Ryan Law Wai-kwong, publisher Cheung Kim-hung, executive editor-in-chief Lam Man-chung, associate publisher Chan Pui-man, and editorial writers Fung Wai-kwong and Yeung Ching-kee.

The latest allegations also target three affiliated companies – the tabloid-style Apple Daily, Apple Daily Printing and AD Internet – despite the winding up of their parent company, Next Digital, earlier this month.

The case was adjourned by acting chief magistrate Peter Law Tak-chuen, one of a number of jurists hand-picked to hear national security cases, until February next year to give the defendants time to consider their pleas.

All of the defendants are currently remanded in custody.

The 74-year-old Lai was previously charged with one count of collusion with a foreign country or external elements to endanger national security, with prosecutors alleging he used social media and Apple Daily to call for sanctions.

Jimmy Lai and his six co-defendants are accused of conspiring to commit sedition between 2019 and June 24, 2021, the date of the final edition of Apple Daily. Photo: Felix Wong

He was also charged with conspiracy to commit the same offence over accusations he worked with his American right-hand man Mark Simon, activist Andy Li Yu-hin, legal assistant Chan Tsz-wah and a man called Lau Cho-dick to similarly call for sanctions.

Lai was further accused of perverting the course of justice over another alleged plot involving Chan and Li to arrange the activist’s escape from Hong Kong last year.

However, that count was amended on Tuesday and replaced by another conspiracy charge to match the allegations against the six Apple Daily employees and the affiliated companies, which have been accused of conspiring with Lai to seek sanctions, blockades or other hostile actions by foreign governments against Hong Kong or mainland China.

Hong Kong media tycoon Jimmy Lai, 2 others found guilty over Tiananmen vigil

Li was one of 12 people detained on the mainland last year after the Chinese coastguard intercepted them as they tried to flee to Taiwan. Eleven of them faced charges over the 2019 protests at the time of their escape, while Li had been arrested but not charged.

Sedition is punishable by two years in prison and a HK$5,000 fine for a first offence under Section 10 of the Crimes Ordinance.

Conspiracy to collude with foreign forces is punishable by life imprisonment, with a minimum jail term of 10 years applicable in serious cases, under the national security law.

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