Lai Zhiying's Case Enters Closing Arguments, With Health Concerns Taking Centre Stage

Photo: Hong Kong pro-democracy activist and media mogul Lai Zhiying arrives at the Hong Kong Court of Final Appeal. (December 31, 2020/VOA)

[People News] The Hong Kong High Court commenced the closing arguments for Lai Zhiying (Jimmy Lai), the founder of Next Media, on Monday (August 18). Lai is the first individual charged under the Hong Kong National Security Law enacted by the Chinese Communist Party for 'colluding with foreign or external forces to endanger national security.' The proceedings of his case have been ongoing for nearly 11 months. At 77 years old, Lai faces the possibility of life imprisonment if found guilty.

Concerns over Lai's health

According to Voice of America, the closing arguments were initially set to begin on August 14 but were postponed twice due to severe weather conditions in Hong Kong and Lai Zhiying's deteriorating health. The arguments from both the prosecution and defence, which started on Monday, are expected to last around ten days.

Last week, Lai's lawyer informed the court that he has been experiencing palpitations and symptoms of 'almost fainting.' In response, the court ordered that he be provided with a heart monitor and medication. The prosecution confirmed that these devices have been delivered, and medical professionals have assessed Lai as fit to continue attending court.

During the trial, Lai Zhiying appeared noticeably thinner compared to when the trial commenced last year. Dressed in a white jacket, he frequently clasped his hands in a gesture of respect towards his family and supporters from the defendant's seat. One of the presiding judges, Du Libing, indicated that additional breaks could be arranged at any time if necessary.

Prosecution and defence engage in a clash

During the closing arguments, the prosecution accused Li Zhiying of being the "helmsman" of the Apple Daily, asserting that he utilised the media platform to advocate for foreign hostile actions against the Chinese Communist Party and Hong Kong, including trade sanctions. They also highlighted that during Li's visit to the United States in 2019, he proposed to then-U.S. Secretary of State Mike Pompeo the idea of sanctioning officials from Beijing and Hong Kong.

Li Zhiying's defence team contended that his statements and reports should be considered within the realm of press and speech freedom, and he denied ever directly asking the U.S. Vice President or Secretary of State to take action against Beijing. Furthermore, Li stated that after the implementation of the National Security Law in June 2020, he would no longer encourage foreign sanctions.

Voices from the International Community and Family

Since his arrest in August 2020, Li Zhiying has spent nearly four years in prison, much of it in solitary confinement. Numerous human rights organisations have warned that his health has worsened due to the conditions of his detention. Family members disclosed that he suffers from diabetes, has experienced significant weight loss, and has only 50 minutes of "activity" time each day, with little to no exposure to natural light.

Li Zhiying's son, Sebastien Lai, has repeatedly urged the international community to take notice, expressing concern that his father "may die in prison." He noted last year that the temperature in his father's cell can reach between 30 to 40 degrees Celsius, stating that he is "essentially being roasted inside."

Western governments, including those of the United States, the United Kingdom, and Australia, along with international journalist organisations, have criticised this case, arguing that the Hong Kong authorities are using the National Security Law to stifle press freedom. Recently, the Australian Department of Foreign Affairs expressed "deep concern" regarding the extensive application of the National Security Law in Hong Kong.

Last year, President Donald Trump publicly announced that he would bring up the case of Jimmy Lai during his discussions with Chinese Communist Party leader Xi Jinping, pledging to "do everything possible" to facilitate Lai's release. In an interview with Fox Radio last week (August 14), he emphasised again that he would "do everything he can to save him." 

Background of the Case 

Jimmy Lai and three of his companies face charges of conspiracy to collude with foreign forces and conspiracy to publish seditious materials. Lai has categorically denied the allegations. The trial is scheduled to begin in December 2023, initially expected to last 80 days, but has been postponed due to delays in evidence presentation, debates, and health concerns. 

Following the closing arguments from both the prosecution and defence, three designated judges under the National Security Law will announce their verdict at a later date. The outcome of this case not only impacts Jimmy Lai's personal future but is also widely seen as a crucial measure of the current state of judicial independence and press freedom in Hong Kong.  △