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Jimmy Lai’s legal team tells national security trial the tycoon did not order his Apple Daily newspaper to draw up a list of people for US sanctions. Photo: Sam Tsang

Jimmy Lai’s lawyers tell Hong Kong court he did not instruct Apple Daily to create list of city and mainland Chinese officials for US sanctions

  • Lai’s defence team says he did not tell Apple Daily staff to push limits of national security law with list of people for US sanctions
  • Lawyer says a message forwarded by Lai was mistaken for an instruction to follow up on the prospect of US sanctions
Brian Wong
Hong Kong media tycoon Jimmy Lai Chee-ying’s legal team has argued he did not tell his now-closed Apple Daily newspaper to test the limits of the national security law by drawing up a sanctions list for the United States to penalise city and mainland Chinese officials.
Robert Pang Yiu-hung, senior counsel for the defence, on Wednesday said a forwarded text message from Lai was mistaken for an instruction to follow up on the prospect of US sanctions after then US president Donald Trump signed an executive order in July 2020 to take punitive measures against people said to have undermined Hong Kong’s autonomy.
Lai was earlier said to have asked Apple Daily staff to “work up a s*** list” of those involved in “censorship or other activities with respect to Hong Kong that prohibit, limit, or penalise the exercise of freedom of expression or assembly by citizens of Hong Kong” and highlighted the Trump directive.

But Pang told West Kowloon Court the message might have been written by an American rather than Lai and singled out a paragraph in the message, dated July 15 that year, where the writer used “we” in relation to the United States.

“It’s possible that you misunderstood his message,” the senior counsel told ex-associate publisher Chan Pui-man, who got the message.

Apple Daily founder Jimmy Lai (centre) is arrested at his home in 2020. Photo: Edmond So

But Chan, a defendant turned prosecution witness, pushed back at the contention and said such a reading of the text would be “very strange”.

She added it was possible for Lai to have included his own instruction for Apple Daily editors as he forwarded someone else’s views on the executive order.

The alleged instruction is one of the pieces of evidence prosecutors have relied upon in accusing Lai of calling for sanctions and instigating hostile action by Western governments.

The 76-year-old tycoon has been charged with two conspiracy counts of collusion with foreign forces under the Beijing-imposed national security law and a third of conspiracy to print and distribute seditious publications under colonial-era legislation.

The defence continued to cross-examine Chan on the 34th day of the high-profile trial, as they battled to prove their contention that Lai had given the tabloid’s newsroom a high degree of editorial freedom and asked staff to avoid legal risks.

‘Apple Daily maintained editorial stance with concessions after Jimmy Lai held’

Pang submitted that the tycoon had never campaigned for independence for Hong Kong, an offence under the national security law.

Chan told the court she had never heard Lai speak in support of independence, but added they had never discussed the topic in-depth.

Pang brought up text messages between Lai and Chan, where the businessman said he was “shocked” by the national security law and asked the newspaper to “come up with a good strategy to deal with it” and “not be reckless”.

The court heard Lai, in an Apple Daily town hall meeting held to mark its 25th anniversary in 2020, asked reporters to be responsible and emphasised that “no one would ask you to do certain things. No one would force you to become a martyr.”

Cheung Kim-hung, Apple Daily’s former publisher, said Lai had reminded colleagues to be cautious when carrying out “dangerous” journalistic work at another town hall meeting in 2021.

‘Jimmy Lai pushed Apple Daily to play up officials facing possible US sanctions’

Pang argued that Lai had never asked newsroom staff to challenge the national security law and had wanted Apple Daily to change its editorial approach and act “within the confines of the law”.

Chan said Lai had on at least one occasion asked reporters to “hang in there”.

She added she had been led to believe what Apple Daily did would not cross the line into illegality.

Chan said Cheung had emphasised at the 2021 meeting that the tabloid would not “give in”.

The trial was adjourned to Thursday, when Chan is expected to complete her evidence.

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