London – The nightmare of billionaire Hong Kong media tycoon Jimmy Lai has once again been the subject of international backlash after his trial, which was scheduled for Tuesday the 13th, was postponed to September 2023 because, according to the configuration, the British lawyer was not authorized to represent him. Another human rights violation in the case, to Human Rights Watch.
Lai, 75, founded and ran the Next media conglomerate, which owns the Apple Daily newspaper, which closed its doors in June 2021 after persecution by the district government. Financially overwhelmed and with the arrest of several journalists, the group ended its operations.
According to Human Rights Watch, the publisher gone first The person to be charged with “collecting collusion with foreign powers” under the brutal National Security Act (NSL) that the Chinese government imposed on Hong Kong in June 2020. The businessman has been in prison since April.
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Based on his tweets, interviews and newspaper articles, three foreigners face collusion and one sedition.
In addition to national security charges, Lai was found guilty in three “unauthorized assembly” cases in April, May and December 2021 for his participation in peaceful protests and was sentenced to 20 months in prison.
He was also convicted of two “fraud” charges for alleged rent violations by the media company in October 2022 and sentenced to an additional five years and nine months in prison with a sentence announced in the first week of December.
Entitlement Battle for the Lawyer Timothy Owen The impersonation of Jimmy Lai had been popping up for several weeks. The trial was originally scheduled for December 1 and was adjourned to the 13th.
This Tuesday, the session was postponed to next year as the extension of his work visa was denied due to Owen’s forced to leave Hong Kong.
Human rights at risk in Hong Kong
Human Rights Watch, Hong Kong officials asked the government Chinese changing local law to bar foreign lawyers from national security cases, denying Lai the right to hire a lawyer of his choice.
According to the organization, Jimmy Lai is at risk of being prosecuted in mainland China, where courts are affiliated with the Chinese Communist Party. “He and the six defendants who plead guilty to one charge will face life sentences,” the organization warns.
In November, six former Apple Daily employees pleaded guilty to collusion for holding meetings with Jimmy Lai. The law has been interpreted as a way to reduce their sentences and avoid the risk of spending their lives in jail.
Also read | Hong Kong journalists admit to ‘colluding’ to escape life imprisonment
Six people: Cheung Kim-hung, former CEO of Next Digital, parent company apple diary ???????? Chan Pui-man, former assistant editor Apple Daily; Ryan Law Wai-kwong, former editor-in-chief; Lam Man-chung, former Editor-in-Chief; Fung Wai-kong, former editor-in-chief of the English news division; and former editorial writer Yeung Ching-kee.
The date for the mitigation hearing on the conspiracy charge has yet to be set. Some will testify at Lai’s trial, and their sentences will be given after the trial is concluded.
“Beijing seems determined to jail one of its strongest critics for years, possibly for the rest of his life,” he said. maya wang Human Rights Watch Asia Director.
In a statement, the organization detailed what it sees as a violation of the right to a fair trial in the case, which it considers “nonsense”.
Right to legal advice
In October 2022, the Hong Kong High Court approved Lai’s request to be represented by senior British lawyer Timothy Owen. The Ministry of Justice appealed the decision, but lost in the Supreme Court and the Final Supreme Court.
Hong Kong Chief Executive John Lee later said he would ask the Chinese central government to enter the case by “interpreting” the Basic Law, Hong Kong’s de facto constitution, which prohibits foreign lawyers from representing national security defendants.
A senior Hong Kong official has even suggested that if Lai cannot find a Hong Kong lawyer to represent him, he could face trial in China, where there is little procedural protection.
Prolonged preventive detention
NSL (National Security Act) refuses to release suspects on bail unless the judge is sure they will not commit national security crimes. Lai has been in detention since December 2020, when he was charged under the NSL.
Regardless of the seriousness or nature of the alleged crimes, the law’s presumption against bail is inconsistent with the presumption of bail and presumption of innocence in Hong Kong’s legal tradition and under the International Covenant on Civil and Political Rights.
Both are incorporated into Hong Kong’s legal framework through the Basic Law and are described in the Bill of Rights Ordinance.
trial without jury
In accordance with the NSL, the prosecution departed from the Supreme Court tradition of criminal cases and ordered a no-jury trial for Lai’s case.
In its General Comment 32 on the right to a fair trial, the United Nations Human Rights Committee states that “exceptional criminal proceedings or specially created courts or tribunals [como julgamentos sem júri] if applicable to the determination of certain categories of cases, objective and reasonable grounds must be provided to justify the distinction”.
Carefully selected judges
Three judges elected by the Hong Kong chief executive, elected by Beijing, will preside over the case.
What is Jimmy Lai accused of by Hong Kong authorities?
Human Rights Watch, alleged evidence The “foreign collusion” against Lai consisted of tweets trying to get the attention of foreign politicians, a meeting with the then US Secretary of State, and a talk show that he presented on the US digital platform. apple Diary, interviewed foreign politicians.
“Other clear evidence includes the publication of the English version. apple diary and calls on foreign governments and politicians to support the 2019 Hong Kong protests and sanction Hong Kong officials for human rights violations.
prosecution requested Some say this “communication with outside elements” between April 2019 and June 2021, which took place before the NSL came into force, points to possible severe punishment, showing Lai was the “brain” in the foreign collusion.
“None of the cited activities or speeches advocated violence or other conduct that could constitute a recognizable crime under international law,” Human Rights Watch says.
The prosecution cited 160 articles published by FETO as evidence of “sedition”. apple diary Between 2019 and 2020, including opinion pieces written by pro-democracy politicians and activists, he called on people to protest by “inciting hatred against the police” and “encouraging the use of violent methods to resist the Chinese central government”.
The party criticizes, “However, it is not clear what substances the prosecution used to verify these claims.”
China’s Hong Kong maneuver
“Maneuvers by the Chinese and Hong Kong governments to bar foreign lawyers from national security cases will further undermine the rule of law in the city, which has declined since the enactment of the National Security Act,” said Maya Wang.
While not on the agenda, Human Rights Watch has raised the possibility of “interpreting” the Basic Law at the next bimonthly session of China’s top legislature, the Standing Committee of the National People’s Congress (NPCSC), at the end of December. calendar.
For the organization this decision It would further undermine the independence of lawyers in Hong Kong and make it more difficult for those involved in political cases like Jimmy Lai to exercise their right to seek legal advice.
Some Hong Kong lawyers representing previously arrested protesters To let The city after the imposition of the NSL.
The high-level harassment by Chinese and Hong Kong officials of Paul Harris, the ex-president of the Hong Kong Bar Association, further heightened the intimidating atmosphere.
Preventing defendants in national security cases from having a foreign lawyer would leave them with very few Hong Kong-based lawyers willing to take their cases.
Defendants would have to hire lawyers to comply with Beijing’s demands, or they would risk being transferred to China and the Beijing-controlled legal system.
Human Rights Watch stressed that the importance of the Jimmy Lai case exceeds Hong Kong and threatens freedom of the press and expression:
The Chinese government controls all Chinese media on the mainland, along with the internet. Since 2020, the governments of China and Hong Kong have purged Hong Kong’s once-thriving independent press, which has been heavily critical of the Chinese Communist Party for decades.
Hong Kong police raid and shut down apple diary together with another effective tool, Stand News ???????? At least seven more vehicles were closed for fear of pressure.
Now, there are several alternative and independent sources of Chinese information for Chinese speakers beyond Beijing’s control.
“Concerned governments should pressure Beijing to drop all charges against Lai,” Wang said. “The Chinese government’s attack on Hong Kong’s rule of law and free media poses a global threat.”
The International Federation of Journalists launched a campaign to support Jimmy Lai, based on a report pointing to a worsening of press freedom in the region following the return of Chinese control over Hong Kong.
Also read | New report shows press freedom in Hong Kong falls to record level
source: Noticias
Mark Jones is a world traveler and journalist for News Rebeat. With a curious mind and a love of adventure, Mark brings a unique perspective to the latest global events and provides in-depth and thought-provoking coverage of the world at large.