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Jimmy Lai trial
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Police on guard outside West Kowloon Court. Photo: Xiaomei Chen

Hong Kong tycoon Jimmy Lai behind efforts to get then US president Trump to sanction China over national security law, court told

  • Ex-Apple Daily publisher Cheung Kim-hung says Jimmy Lai wanted the US president and vice-president to sanction China
  • Prosecutors argue Lai was the mastermind of an anti-China conspiracy linked to Apple Daily, where he had complete control over editorial policy
Brian Wong
Media tycoon Jimmy Lai Chee-ying orchestrated a campaign for Hongkongers to petition then US president Donald Trump four years ago to stop Beijing from imposing the national security law on the city through the use of sanctions, a court heard on Tuesday.

Cheung Kim-hung, ex-publisher of the now-defunct Apple Daily tabloid, testified that the newspaper’s initiative, titled “One Hongkonger One Letter to Save Hong Kong”, was intended to attract US intervention after China’s legislature on May 22, 2020, introduced a resolution on a national security law for the city.

“Mr Lai called me that day saying he wanted the US president and vice-president to sanction China,” the defendant turned prosecution witness told West Kowloon Court on the 14th day of the tycoon’s national security trial.

“It was a very brief conversation where he said that because of the national security law, we must ask them to step in.”

Defendant turned prosecution witness Cheung Kim-hung in custody in 2021. He says his former boss, Jimmy Lai, was supportive of protesters even when they chose to ‘smash shops’. Photo: Dickson Lee

The court heard Apple Daily had run print advertisements promoting the idea “Trump saves Hong Kong” and providing a template letter for petitioning him in late May 2020. The same document was also published on the newspaper’s digital platforms.

“China’s Communist Party is now cancelling [Hong Kong’s] high degree of autonomy and inserting Communist Party rule over [Hong Kong]. They have made their clear intent is to destroy [Hong Kong’s] most valuable asset, the rule of law,” the letter said.

“We now need both your public support and the diplomatic efforts of the United States to help keep our city a centre of international trade and home for freedom. Mr President, please help us.”

Hong Kong media tycoon Jimmy Lai told staff to run ‘pro-resistance’ stories: trial

WhatsApp messaging records between Lai and Cheung suggested the tycoon had consulted his assistant, former US intelligence agent Mark Simon, and Apple Daily columnist Simon Lee Chao-fu on the matter.

The ex-publisher said he believed the letter was drafted by Mark Simon at Lai’s request, but acknowledged he did not ask the tycoon whether that was the case.

Lai, 76, has denied two conspiracy charges of collusion with foreign forces under the Beijing-decreed national security law, and a third count of conspiracy to print and distribute seditious publications under colonial-era legislation.

Cheung and five Apple Daily senior executives are awaiting sentencing behind bars after pleading guilty to a conspiracy charge of foreign collusion. He and two others have agreed to help the prosecution in exchange for shorter sentences.

Prosecutors argued Lai was the mastermind of an anti-China conspiracy linked to Apple Daily, where he had complete control over its editorial policies.

They drew the court’s attention to four Apple Daily articles which they said were written at Lai’s request to put a negative slant on local and mainland Chinese authorities during the 2019 social unrest.

One article they cited, published on September 30, 2019, highlighted “crazed police violence” that reportedly resulted in 100 people suffering injuries following mass demonstrations on Hong Kong Island the day before.

Apple Daily turned ‘radical’ after Jimmy Lai met US officials, Hong Kong court hears

Another story dated November 15, 2019, focused on a “marginalised” group of radical protesters who urged Hongkongers to become “valiant” and support a citywide strike that began days earlier.

Cheung said the articles were consistent with Lai’s instructions to promote unity among protesters by blurring the lines between peaceful and radical participants.

“That means we need both peaceful and brave protesters to resist together in order for the movement to be successful. Division among ourselves may isolate the more radical ones,” Cheung added, paraphrasing what he said were Lai’s thoughts “at the time”.

Cheung said Lai “spared no effort” to back the protests, which, in turn, prompted Apple Daily reporters to dedicate themselves to their coverage.

He noted the tycoon was supportive of protesters even if they decided to “stage a riot” or “come out to smash shops”.

“He didn’t consider it as anything noteworthy. He only felt the youngsters were very brave and dedicated to the movement,” he said.

Cheung said Lai had started a “reading assistance scheme” in 2019 to encourage readers to sponsor student subscriptions of the newspaper’s paid digital content.

“He praised [the teenagers] for their sacrifices made to protect their homeland, and hoped that they could continue to read [Apple Daily] news stories,” Cheung said.

He said Lai had also asked him in April 2020 to approach Canada-based writer Ngan Shun-kau, who later agreed to write commentaries for Apple Daily under the pseudonym Fong Yuen, comprising Chinese characters which mean square and round.

Lai lauded Ngan for his critiques of the Chinese Communist Party and his anti-government stance, the witness said.

Cheung added the articles written by the newspaper’s two editorial writers, Fung Wai-kong and Yeung Ching-kee, also carried an anti-China tone.

Hong Kong court rejects bid by Jimmy Lai to block witness’ ‘irrelevant’ evidence

In an article celebrating Apple Daily’s 25th anniversary in May 2020, Lai floated the idea that a new English-language edition would provide the newspaper with “political protection” against Beijing “closing in” on Hong Kong, the court heard.
Lai also made an ironic response to Beijing’s accusation that foreign powers had pulled the strings behind the city’s largest demonstrations in 2019.

“The [Chinese Communist Party] is bold and confident, but they are also bold and confident when they lie. In short, they are always right. Yes, we do not have [the support of] any foreign power, but now there is no choice, it has to be [about] foreign power!” he wrote.

“The more support we have from foreigners, governments and politicians, the more support we have from worldwide public discourse and diplomatic attention, the more [we are likely to] preserve the freedom of the rule of law in Hong Kong. Long live foreign powers!”

The trial continues on Wednesday.

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