Published: 15:25, July 25, 2024
Judges rule Jimmy Lai has case to answer in national security trial
By Fang Xue in Hong Kong
In this file photo dated Dec 31, 2020, Jimmy Lai Chee-ying (second left) arrives at the Court of Final Appeal in Hong Kong. (PARKER ZHENG / CHINA DAILY)

The High Court of the Hong Kong Special Administrative Region on Thursday said that prosecutors appear to have sufficient evidence to proceed with the national security trial of Jimmy Lai Chee-ying, founder of the now-defunct tabloid Apply Daily, and dismissed the defendant’s bid to end the trial.

The three judges designated to hear Lai’s case told the court on Thursday that they had found that Lai has “a case to answer” on all the three charges against him — including two counts of collusion with foreign forces and a third count of conspiracy to print and distribute seditious publications — as the high-profile case entered its 92nd day since the trial began on Dec 18, 2023.

The trial will be adjourned until Nov 20; the defense said that Lai has chosen to defend for himself in court.

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Under Hong Kong’s legal system, if a defendant in a trial pleads not guilty and the prosecution completes its examination of the witnesses and closes the case, the court will consider if there is a “case to answer”. If there is, this indicates that the evidence presented by the prosecution has been deemed strong enough to support pursuing the allegations, and the trial can proceed. Otherwise, the accused will be acquitted.

Police stand guard outside the High Court in Hong Kong on July 21, 2023. (PHOTO / AFP)

Earlier in the trial, Lai’s legal team said that his cooperation with different organizations and his publication of materials encouraging international sanctions against Hong Kong and the nation took place before the implementation of the National Security Law for Hong Kong, which came into effect on June 30, 2021.

The defense stressed that fulfilling those agreements had been frustrated by the implementation of the NSL, and that the prosecution will only be able to establish what Lai’s intentions were prior to the implementation of the NSL.

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The prosecution believes that the agreements that Lai had signed did not automatically expire following the implementation of the NSL, and Lai’s interviews, op-ed articles, and the testimony of witnesses and other evidence show that Lai continued to participate in the same activities after the implementation of NSL.