Hong Kong court hears mitigation pleas for reduced sentences in Jimmy Lai national security trial

Hong Kong High Court judges heard arguments on Monday for reduced sentences for Apple Daily founder Jimmy Lai Chee-ying and eight others convicted or pleading guilty in his national security trial. Lawyers sought less than 10 years' imprisonment, citing cooperation and mitigation factors, while judges questioned Lai's health-based plea amid his stable condition and voluntary solitary confinement.

Trial Background

Jimmy Lai Chee-ying, the 78-year-old founder of the now-defunct Apple Daily tabloid, was convicted last month on charges of conspiring to collude with foreign forces and printing seditious articles under Hong Kong's national security law, imposed by Beijing in June 2020. He faces a minimum of 10 years' imprisonment, potentially up to life if deemed a 'principal offender.' Lai has been detained since December 2020.

The other eight defendants—Apple Daily publisher Cheung Kim-hung, associate publisher Chan Pui-man, editor-in-chief Ryan Law Wai-kwong, executive editor-in-chief Lam Man-chung, managing editor Fung Wai-kong, editorial writer Yeung Ching-kee, and lobbyists Wayland Chan Tsz-wah and Andy Li Yu-hin of 'Fight for Freedom, Stand with Hong Kong'—pleaded guilty prior to Lai's trial. They admitted using the newspaper, shuttered in June 2021, to incite hatred against authorities and seek foreign sanctions, and to spread propaganda influencing foreign policy against China.

Judges, appointed by the chief executive for national security cases, heard arguments at West Kowloon Court. Proceedings are expected to last up to four days.

Defense Arguments

Lawyers for Cheung Kim-hung and the activists requested sentences under 10 years, arguing additional reductions for aiding Lai's conviction. Cheung's counsel, Lucas Lau Cheuk-yin, highlighted donations over HK$5 million (US$641,300) to the Apple Daily Charitable Foundation for cancer patients and children, urged less than five years, and noted efforts to remove offensive online articles. The lawyer described the offenses as less serious than alleged.

Lai’s Health and Custody Plea

Lai's defense lawyer, Robert Pang Yiu-hung SC, argued for leniency due to his age, isolation since 2020, and harsher custody conditions, stating a sentence would bring him 'much closer to the end of his life.' However, the three justices questioned this, citing stable health records at Lai Chi Kok Reception Centre, no complaints about medical treatment, and Lai's voluntary solitary request. No mitigation letters were submitted.

The prosecutor emphasized Lai's stable condition. The case has drawn international scrutiny, including from former U.S. officials like Mike Pompeo and Mike Pence, highlighting tensions over media freedom and Beijing's control in Hong Kong.

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