APPG on Hong Kong publishes report on Media Freedom in Hong Kong: the case of Jimmy Lai and Apple Daily
On Monday 24th April 2023 the All-Party Parliamentary Group on Hong Kong (“the APPG”) published its report on ‘Media Freedom in Hong Kong: the case of Jimmy Lai and Apple Daily.’
In February 2023, the APPG decided to undertake a rapid inquiry into media freedom in Hong Kong, with a focus on the case of Jimmy Lai and Apple Daily, including the impact the enactment of the National Security Law (“NSL”) in 2020 has had on freedom of expression and media pluralism in Hong Kong. The Inquiry issued a public call for written evidence in February 2023 and held public oral evidence sessions in March 2023.
Written submissions on behalf of Mr Lai and his son, Sebastien Lai, were filed by their international legal team with the APPG, and Caoilfhionn Gallagher KC gave oral evidence to the inquiry on 22nd March 2023.
Today’s report is a damning indictment of the actions taken against Mr Lai by the Hong Kong authorities, and his newspaper Apple Daily, that are emblematic of the suppression of freedom of expression and the independent media in Hong Kong, exacerbated following the enactment of the NSL. The report finds that:
“Jimmy Lai, a British citizen, has been targeted not only by the NSL but also by a litany of other laws, in an attempt to silence his pro-democracy voice and make an example of him to discourage opposition and other pro-democracy advocacy. Jimmy Lai’s case exemplifies how the authorities have weaponised the law as part of a campaign to smear Jimmy Lai’s reputation to justify the way in which he has been targeted by Hong Kong authorities.
“The handling of the cases against Jimmy Lai, and the concerns raised regarding due process and the Rule of Law, show how the Kafkaesque process does not leave any sense that he could possibly have a fair trial in Hong Kong.”
Background
Mr Lai is a 75-year-old British citizen based in Hong Kong. He is a renowned media entrepreneur, pro-democracy campaigner, and writer. He is the founder of Apple Daily, one of Hong Kong’s most popular newspapers until its forced closure in June 2021. He is a well-known and high-profile supporter of the Hong Kong democracy movement and advocate for peaceful assembly. He has been an outspoken critic of the Chinese government’s human rights violations. Mr Lai faces trial in September 2023 under the NSL, carrying a maximum sentence of life imprisonment, and sedition charges, for his journalism and peaceful pro-democracy activities.
Mr Lai has been repeatedly targeted by the Hong Kong authorities because of his status as a high-profile pro-democracy advocate. Since the passing of Hong Kong’s draconian NSL in June 2020, he has faced a barrage of criminal prosecutions. He was arrested in August 2020, and since December 2020 he has been imprisoned continuously in Stanley Prison, Hong Kong. Mr Lai has already served custodial sentences for his participation in peaceful pro-democracy protests in 2019-2020. He is currently serving a sentence of 5 years and 9 months following his conviction on 25th October 2022 on two counts of fraud involving the alleged breach of the terms of the lease of the Apple Daily premises. The fraud verdict has been condemned by the United States Government and civil society.
The volley of cases against Mr Lai has been widely viewed internationally as an attempt to oppress his pro-democracy campaigning and his media outlet’s reporting critical of China. The European Union’s External Action Service and European Parliament, the US Senate, and the United Nations have all expressed alarm over Hong Kong’s crackdown on Mr Lai and other pro-democracy campaigners.
On 27th February 2023, the Foreign Secretary raised Mr Lai’s case in his statement to the United Nations Human Rights Council as example of the arrest of journalists and businesspeople in Hong Kong for exercising their right to freedom of expression and opinion. On 22nd March 2023, Mr Lai’s case was again raised by the UK in its statement to the Human Rights Council in its general debate on human rights situations that require the Council’s attention, as example of the continued use of the NSL “in deliberate attempts to target pro-democracy figures, journalists and businessmen and women”.
The APPG on Hong Kong’s inquiry focused specifically on the impact of the NSL on freedom of expression and media pluralism in Hong Kong, and on the case of Jimmy Lai and Apple Daily, as example of the legal and administrative actions taken against journalists and independent media in Hong Kong. The APPG makes a number of recommendations to the UK Government, in relation to Mr Lai’s case specifically, and to the effects of the NSL and declining media freedom in Hong Kong, as well as to the British private sector engaging in Hong Kong.
Commenting on the actions taken against Mr Lai, and his ongoing imprisonment in Hong Kong, the APPG report finds:
“The case of Jimmy Lai and the shutting down of Apple Daily are emblematic of the wider issues in Hong Kong of the erosion of media freedom and the Rule of Law. His arrest, detention, convictions and sentencing, have all been made possible by the PRC exercising excessive power over Hong Kong, the decline of the Rule of Law in Hong Kong, and ultimately, the passing of the National Security Law…
“As it is clear from the charges brought against Jimmy Lai, he is targeted not only by the NSL. He is facing systematised and coordinated ‘legal warfare’ for his promulgation of pro-democracy views.”
The APPG report, commenting on the implications of constrained media pluralism and the closure of Apple Daily on businesses in Hong Kong, warned:
“The disproportionate and lengthy sentence for Jimmy Lai for his conviction of fraud after breaking a lease should also serve as a clear signal that doing business in Hong Kong is now unsafe. Businesses must be astute to the heightened risk of operating in Hong Kong due to the erosion of the Rule of Law and independent press, and look past the ‘fig leaf of due process’ which insists that it is business as usual. Fundamentally, it is not just those carrying out political work that can be targeted.”
Mr Lai’s son, Sebastien Lai, said, in response to the APPG’s report.
“The All-Party Parliamentary Group on Hong Kong’s (APPG) report sets out in stark detail the ongoing targeting of my father and his newspaper, Apple Daily, in an attempt to silence him. My father is considered a threat because he stands for freedom in Hong Kong, and without a free and independent media, there is no freedom. For that, he has faced a litany of legal proceedings, his business has been shut down, and he now faces life imprisonment for alleged offences against national security arising out of his journalism.
As the APPG’s report makes clear, the actions taken against my father, and against Apple Daily, should send a warning to the UK Government and the business community that, as long as the Hong Kong authorities remain intent on pursuing and silencing critical voices, it can no longer be business as usual in Hong Kong.”
Caoilfhionn Gallagher KC, who leads the international legal team for Jimmy Lai and Sebastien Lai, added:
“This important report lays out carefully and in clear terms the egregious state of press freedom and the rule of law in Hong Kong, and the toll that has taken on journalists and business people who once enjoyed the freedoms and rights expected in a properly functioning democratic society.
At the heart of the report is a British man, Jimmy Lai, who has been imprisoned in Hong Kong for his journalism; for his writing; and for his support of democratic principles. He is being subjected to ‘lawfare’ - multiple prosecutions and lawsuits, all designed to silence and discredit him and send a clear message to others that they should not dare to criticise the Chinese or Hong Kong authorities. The UK Government must now take robust and swift action to tackle the degradation of media freedom, the rule of law and civic space in Hong Kong generally, and Jimmy Lai’s case in particular. We call on the Prime Minister and Foreign Secretary to treat this case as a top priority and condemn the repressive actions taken against Mr Lai.”
In international law matters, Mr Jimmy Lai and Mr Sebastien Lai are represented by an international legal team led by Caoilfhionn Gallagher KC, which includes Jonathan Price, Tatyana Eatwell and Jennifer Robinson, barristers at Doughty Street Chambers.
