Hong Kong’s High Court rejects bid by tycoon Jimmy Lai to drop national security case; accuses ‘foreign elements’ of interference in city justice

Three-judge panel, appointed by city leader, rules no bias involved in handling of case and says attempts by ‘foreign elements’ to influence courts ‘bound to fail’.
Lai will now face trial in September as at first scheduled on charges of sedition and conspiracy to collude with foreign forces

Hong Kong national security law (NSL)

Brian Wong

Published: 4:24pm, 29 May 2023

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Hong Kong’s High Court has dismissed a bid to drop the national security case against publishing mogul Jimmy Lai Chee-ying after finding the proceedings entailed no apparent bias towards his case.

A three-judge panel, approved by Chief Executive John Lee Ka-chiu to oversee the pending trial in September, on Monday also held that no unfairness was done to the outspoken Beijing critic by the government’s decision to bar him from hiring the British lawyer of his choice.

The panel, in an apparent response to a call by US congressional advisers to sanction city judges who presided over national security cases, added any attempt to influence the case’s outcome or the “unquestionable judicial independence in Hong Kong” was bound to fail.

“Some foreign elements are attempting to interfere with our judicial independence by threatening to impose sanctions on judicial officers of all levels who have dealt with cases brought under the [national security law],” the court said in a 60-page judgment.

“Needless to say, the threat would have no effect whatsoever on judges’ adherence to their judicial oath.”

Apple Daily founder Jimmy Lai has had his bid for dismissal of national security charges rejected by the High Court. Photo: Warton Li

The ruling was the second legal setback in two weeks for the tycoon, after the High Court’s chief judge rejected his request to review the ban by the Committee for Safeguarding National Security on the involvement of London King’s Counsel Timothy Owen in Lai’s defence.

The latest decision is not open for an immediate appeal. Lai could only raise a challenge in the Court of Appeal if he is found guilty of the alleged offences.

Lai, 75, earlier applied for a permanent stay of proceedings as he questioned the impartiality of the bench and highlighted what he claimed was a concerted effort to prevent Owen from taking up his case.

His lawyers highlighted the “trenchantly critical” remarks made by Lee when he was security minister in 2021 and argued that any court that heard Lai’s case “would be deprived of the essential safeguards necessary to be perceived as institutionally independent of the executive”, because only judges endorsed by Lee could oversee the present proceedings.

Lai’s counsel argued that judges selected by Lee to hear national security cases would likely seek to maintain their special status and subconsciously favour the government.

Lawyers for Hong Kong’s Jimmy Lai say tycoon denied fair trial, subject to persecution

But Madam Justices Esther Toh Lye-ping and Susana D’Almada Remedios, as well as Mr Justice Alex Lee Wan-tang, ruled there was no evidence that the city’s leader could, or would, manipulate the judicial process through the allocation of judges.

They underscored the court’s independence by highlighting earlier rulings in favour of the defendant.

These included decisions to release Lai on bail and to allow Owen to join the tycoon’s legal team, before Beijing’s interpretation of the national security law effectively ruled against the British barrister’s involvement.

“Designated judges do not receive directions from anyone as to how they should perform their judicial functions,” the judgment, which did not identify an author, said.

The three judges also found no ground to support a defence insistence that the government had abused its power by blocking Owen’s involvement.

Jimmy Lai asks Hong Kong court to overturn government decision on UK lawyer

The panel said Lai had no absolute right to choose his legal representation and that Owen lacked authorisation in general to take cases in Hong Kong.

The founder of the opposition-friendly Apple Daily newspaper is facing charges of sedition and conspiracy to collude with foreign forces to allegedly attract international sanctions against Hong Kong and the central authorities and incitement of public hatred after the city’s anti-government protests in 2019.

He has spent all but eight days behind bars since December 3, 2020. His 40-day trial without a jury is expected to start on September 25.

Six former senior executives of the now-closed publication have already admitted to a joint collusion charge.

Beijing introduced the national security law in 2020, banning secession, subversion of state power, terrorism and collusion with foreign forces.

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