Calls to end the “politically motivated prosecution” of Jimmy Lai at UN Human Rights Council

The ongoing unlawful and arbitrary detention of Jimmy Lai was repeatedly raised today in the United Nations (“UN”) Human Rights Council in Geneva.

The Working Group on Arbitrary Detention today addressed the UN Human Rights Council in Geneva, presenting its annual report which includes its finding that Jimmy Lai is arbitrarily detained and its recommendation that he should be immediately released. 

The United Kingdom (“UK”) today dedicated its address to the Council to Mr Lai, calling for China to respect the decision of the Working Group and to end the “politically motivated prosecution” of Mr Lai. The UK acknowledged the attendance in the Council of Mr Lai’s son, Sebastien Lai, who has led the campaign for his father’s release. Sebastien Lai also addressed the Council to thank the Working Group for their work on his father’s case, and to call for his father’s freedom, expressing his fears that his father could die in prison.

In its Opinion No. 34/2024, the Working Group found that Mr Lai is unlawfully and arbitrarily detained and held that there have been multiple violations of Mr Lai’s fundamental rights and freedoms. These findings related to his arrest in August 2020 and his subsequent detention and imprisonment by the Hong Kong authorities, including for:

• his peaceful participation in pro-democracy demonstrations;
• his unprecedented conviction for fraud said to arise out of a lease violation; and
• his ongoing prosecution for alleged sedition and alleged ‘conspiracy to collude with foreign forces’ under the draconian Law of the People’s Republic of China on Safeguarding National Security in Hong Kong (“NSL”).  

The Working Group expressed its serious concerns at the heightened risk to Mr Lai given his advanced age (77) and alarm at Mr Lai’s detention in prolonged solitary confinement since December 2020.

In its report to the Human Rights Council, the Working Group also raised concern with reprisals directed at those engaging with Working Group, including the reprisals against Mr Lai, his son Sebastien and their international legal team. Two of the six cases of reprisals highlighted by the Working Group from around the world related to Hong Kong.

In her remarks to the Council, the Chair of the Working Group emphasised that “peaceful criticism should never be a crime”, raised concern with the “weaponisation of laws to silence journalists” and called on states to “meaningfully engage” and implement Working Group rulings. The European Union and countries including Belgium, Iceland, Ireland, Italy, France, Greece and Spain expressed concern about journalists, activists and dissidents facing arbitrary detention for exercising their rights to freedom of expression and about reprisals targeting those making complaints to the Working Group.

The UK Ambassador to the UN in Geneva, Mr Kumar Iyer CMG, said:

“…today I would like to focus on the Working Group’s Opinion on Jimmy Lai, a 77-year-old British national who has been in detention in Hong Kong for over 1600 days. And I know that his son is here with us today in this room. Madam Vice President, the Working Group’s unequivocal Opinion is that Mr lai’s detention is arbitrary. The UK takes that Opinion very seriously and our position is clear: Jimmy Lai’s prosecution is politically motivated and he should be released. We have called on Beijing repeatedly to repeal its National Security Law. We have called for Jimmy Lai to be released and we continue to press for consular access and for an independent medical assessment of Mr Lai’s health. We repeat those calls today and we urge China to respond to the Working Group’s Opinion.”

Sebastien Lai, Jimmy Lai’s son who leads the campaign for his father’s release, today addressed the Council about his father’s case. He said:

“My father is Jimmy Lai, a pro-democracy campaigner and publisher currently imprisoned in Hong Kong. 

Last year the Working Group found that my father is arbitrarily detained. You ruled that he has been targeted because of his political opinions, his journalism and his activism; and the Hong Kong authorities wrongly used the law to try and silence him.

The Working Group ruled that he should be immediately released.

Yet, my father remains in prison. 

The Hong Kong authorities have persisted in their targeting of him. My father’s prosecution is the death knell for rights and freedoms in Hong Kong. If convicted, he faces the rest of his life in prison. He has already been imprisoned in solitary confinement for over four and a half years. He is almost 78 years of age and diabetic. His health is fading.

 My greatest fear is that I will never see my father again. That he will die in prison, and the rights and freedoms that we held so dear in Hong Kong will die with him.

 Today, I call on the authorities of the People’s Republic of China and Hong Kong to take heed of the Working Group’s Opinion. I call on them to immediately and unconditionally release my father, before it’s too late.”

Jennifer Robinson, a member of the international legal team for Jimmy Lai, also addressed the Council, reiterating the call on China to respect the Opinion of the Working Group and to immediately release Mr Lai. She said:

“We thank the Working Group for its important work for its important work on the abuse of national security laws and arbitrary detention – and for highlighting the reprisals suffered by those of us engaging with your mandate on this very issue.

Back in 2020, the Working Group warned that overly broad national security laws in Hong Kong could be used to target and silence journalists.

This is precisely what has happened.

The case of Jimmy Lai shows how Hong Kong is using these laws to arbitrarily detain journalists and pro-democracy campaigners. 

Mr Lai is a 77 year old British citizen and a pro-democracy campaigner, media owner, and prisoner of conscience. He is being prosecuted for his fearless journalism at Apple Daily and for advocating for democracy in Hong Kong. 

Last year, the Working Group found that Mr Lai is unlawfully and arbitrarily detained and called for his immediate and unconditional release. 

But a year later, Mr Lai remains in prison awaiting verdict. He has already spent more than 4.5 years in prolonged solitary confinement – and in conditions that pose grave risk to his life. If convicted, he faces life imprisonment for exercising his internationally protected rights.

We call on China and Hong Kong to respect the Working Group’s decision and release Mr Lai. We urge this Council and all UN member states to support the Working Group’s mandate, to raise Mr Lai’s case with China and to stand up for everyone being arbitrarily detained in Hong Kong”

Jimmy Lai and his son, Sebastien Lai, are represented by an international legal team, led by Caoilfhionn Gallagher KC (Associate) and including Jonathan Price KC, Tatyana Eatwell, Jennifer Robinson and Martha Spurrier (Associate).

Today’s addresses to the Council were supported by International PEN (Sebastien Lai) and Redress (Jennifer Robinson). 

*ENDS*

1. Working Group Opinion No. 34/2024 concerning Mr Jimmy Lai Chee-ying (Hong Kong, China) is available here.

2. The Working Group on Arbitrary Detention is one of the thematic special procedures overseen by the United Nations Human Rights Council. It is constituted by five internationally recognised, independent experts in the field, of balanced geographical representation, and its rulings are considered to be authoritative of States’ international obligations.

3. The Working Group concluded that Mr Lai’s detention is arbitrary and falls within categories I, II, III and V used by the Working Group in its consideration of the cases submitted to it. The criteria applied by the Working Group is available here. In summary (and in relevant part):

• Category I applies when it is clearly impossible to invoke any legal basis (in domestic and/ or international law) justifying the deprivation of liberty.
• Category II applies where the deprivation of liberty results from the exercise of rights and freedoms guaranteed by the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, including the rights to freedom of expression, of association and of peaceful assembly, and to a fair trial.
• Category III applies where the total or partial non-observance of the international norms relating to the right to a fair trial is of such gravity as to give the deprivation of liberty an arbitrary character.
• Category V applies when the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; or disability or other status, and which aims towards or can result in ignoring of the equality of human rights.

4. Background information on Mr Lai’s case is available at www.supportjimmylai.com or on social media using the hashtag #FreeJimmyLai.

5. For UK press enquiries please contact m.spurrier@doughtystreet.co.uk and LaiPress@doughtystreet.co.uk.  

6. For international press queries, please contact: April Ponnuru, Ridgely|Walsh, at april@ridgelywalsh.com