Former Hong Kong media boss Jimmy Lai Chee-ying has returned to West Kowloon Court alongside eight co-defendants, as three judges hear mitigation arguments from defence lawyers in his high-profile national security case on Monday.
The 78-year-old founder of the now-defunct Apple Daily is the most prominent figure yet to be convicted under the national security law imposed by Beijing in June 2020.
Last month, he was found guilty of two counts of conspiracy to collude with foreign forces and a third count of conspiracy to print seditious articles.
The judges, all hand-picked by the chief executive to oversee national security proceedings, ruled that Lai continued to use his tabloid-style newspaper and political connections to instigate foreign intervention and sanctions against the local and central governments after collusion became a crime.
The businessman turned activist, who has been detained since December 2020, faces a minimum sentence of 10 years behind bars and up to life imprisonment if the judges conclude that he was a “principal offender” in the collusion conspiracies.
Also in court are six former senior executives of Apple Daily and two young lobbyists, who each pleaded guilty to a count of conspiracy to collude with foreign forces before the start of Lai’s trial. Apple Daily Ltd, Apple Daily Printing Ltd and AD Internet Ltd, the companies responsible for the newspaper’s print and digital operations, were also convicted of the two collusion offences.
The Post will have the latest updates on the mitigation proceedings, which are expected to last up to four days.
Court adjourns for the day
Justice Esther Toh adjourns the session at 4.35pm following further mitigation proceedings related to Apple Daily publisher Cheung Kim-hung, during which the court hears of his donations and volunteer work.
Before leaving the court, Lai again clasps his fist in a gesture of gratitude as members of the public wave goodbye to him.
Lai’s wife, Teresa Li, and her younger sister Maria Li hold tight-lipped smiles as they look on from the public gallery.
The court will resume on Tuesday to hear the mitigation for the remaining defendants. Former Apple Daily associate publisher Chan Pui-man’s counsel will begin mitigation arguments first.
Is it weird to gain weight in jail? Judge says no
The afternoon hearing has resumed with the issue of Lai’s weight back in the spotlight once again. Prosecutor Chau says the latest medical report contains no typo and that the original record confirms Lai was admitted to Lai Chi Kok on December 3, 2020, weighing 80kg.
Chau earlier said Lai’s weight had increased from 80 to 86kg in the early days of his custody.
Lai’s defence counsel, Robert Pang, says he finds it “weird” for a person to gain weight under incarceration. He had earlier cited evidence that Lai had weighed 86kg in June 2024 before dropping to 75kg in 2025.
Justice Esther Toh, looking amused, gives a lighthearted response that she does not find the notion strange.
“I gain weight when I’m on holiday and sitting at home,” Toh says.
She says that if the defence asks for further records it is a matter for counsel, while prosecutor Anthony Chau notes that Lai can make a request to the Correctional Services Department.
The court then returns to Cheung Kim-hung’s mitigation.
Exchanging smiles during the break
As the court fills up again shortly before the hearing resumes, Lai is seen smiling broadly from the defendants’ gallery.
Lai’s wife, Teresa Li, and some members of the public, including former Apple Daily employees, are also smiling as Lai looks on from the glass-panelled defendants’ gallery.
Five-minute adjournment for Lai
After a prolonged back and forth between the justices and Cheung Kim-Hung’s defence lawyer over what evidence there was to prove the former Apple Daily publisher had attempted to withdraw from the conspiracy, the court adjourns.
Justice Esther Toh asks whether the 78-year-old Lai needs an afternoon adjournment per previous hearings. Lai responds with a nod from the defendants’ gallery.
The hearing is adjourned from 4.11pm for five minutes.
‘Cheung Kim-hung tried to withdraw from conspiracy’
First up among the remaining defendants is former Apple Daily publisher Cheung Kim-hung.
Defence counsel Lucas Lau tells the court that his client, Cheung, had tried to withdraw from the conspiracy and persuaded others not to commit further crimes.
“If that was the case, then it seems his attempt failed,” Justice Alex Lee says, noting that the conspiracy continued for “some time”.
Lee cautions that such efforts may not qualify for a sentence reduction, as judges have found that the conspiracy persisted.
Lau urges the court to consider reducing Cheung’s sentence from 55 per cent to two-thirds, citing his withdrawal from the conspiracy and his attempts to persuade others to do the same.
Justice Lee questions Lau about the evidence supporting his claim that Cheung had asked others to stop participating.
In response, Lau points to Cheung’s order to remove certain content, including columns, “Live Chat with Jimmy Lai” videos, and legal academic Benny Tai Yiu-ting’s “10 steps to mutual destruction” commentaries, from Apple Daily’s platforms as evidence.
Lau says that Cheung’s sentence should be on the lower band with a starting point of three to 10 years, and reduced to five years or below, citing common law principles and arguing the offence should not be considered of a “grave nature”.
But Lee says the counsel’s position is “unrealistic”.
“I’m not trying to deter you from making a submission but it would be a little unrealistic to say that this is not a case of a grave nature,” Lee says.
Other defendants calm in mitigation
The remaining defendants commence their mitigation as prosecutor Chau reads out their personal backgrounds. These former Apple Daily senior employees appear calm as their personal details are read aloud.
Editorial writer Fung Wai-kong and former editor-in-chief Ryan Law Wai-kwong occasionally look at the public gallery as Chau continues.
Aside from Fung and Law, the others are former Apple Daily publisher Cheung Kim-hung, associate publisher Chan Pui-man, executive editor-in-chief Lam Man-chung and editorial writer Yeung Ching-kee.
‘Lai gained weight early in custody’
Before proceeding to the remaining defendants’ mitigation, prosecutor Anthony Chau tells the court there was no typo in the medical reports on Lai’s condition when he was admitted to Lai Chi Kok Reception Centre, rebutting Pang’s suspicion.
“We have verified with [the Correctional Services Department] and confirmed the medical report this morning – there was no typo,” he says.
Chau says Lai’s weight later went up to 86kg (189.6lbs) in the early days of custody.
“I’d like to see the medical note, the source material, before I make any comment on that,” Pang responds.
Apple Daily firms ‘not wound up’
Following Lai’s mitigation, the court turns to the three corporate defendants in the case – Apple Daily Limited, Apple Daily Printing Limited and AD Internet Limited.
Defence counsel Jon Wong, representing the three Apple Daily-related firms, says parent company Next Digital Limited no longer exists, but the corporate defendants in the case remain in operation.
These firms are insolvent and managed by the same liquidators, but have not been wound up, Wong says.
“They are all unable to pay,” Wong says. “Still we understand the court will fine us, it will be dealt with the appropriate procedures when the time comes.”
Justice Lee says: “If the companies are insolvent, they cannot really pay anything. If they are insolvent, the situation will never be changed.”
“I cannot answer that,” Wong replies.
Prison life ‘more burdensome’
Pang says Lai’s medical conditions, solitary confinement and advanced age will make sentencing “more burdensome” for him than for the general population.
“Every day he spends in prison brings him closer to the end of his life,” he says.
But Justice Alex Lee questions Pang for making a “general proposition” and asks whether he disagrees with a report submitted by the chief superintendent of Lai Chi Kok Reception Centre.
Lee notes that Lai must make monthly declarations on whether he is fit for solitary confinement.
Responding to further questions from Justice Toh, Pang says that regardless of whether solitary confinement is voluntary or punishment, it amounts to an “additional burden” for Lai, making his prison life “harsher” than for other inmates.
Toh compares it with a husband choosing a single room over sharing a bedroom with his wife, then claiming it amounts to “torture”. The court laughs as Pang replies that he “will never choose a single room”.
Soon after, Pang wraps up his arguments. The barrister has not mentioned whether Lai or others have submitted mitigation letters for the Apple Daily founder.
Lai’s medical notes ‘heavily redacted’: defence
The hearing resumes at 2.30pm, with Lai’s counsel Robert Pang discussing his client’s medical reports.
Pang says the court wrote to him on January 6 regarding the request for medical records, but that before the letter, his team could only obtain “heavily redacted” medical notes on Lai from the Correctional Services Department.
Citing the reports, Pang says Lai suffers from hypertension, diabetes, cataracts and a blocked vein in the eye.
Pang then notes that footage previously shown in court captured Lai’s former physique.
“The images lived up to his nickname Fatty Lai. I think he can no longer be called Fatty Lai,” Pang says.
He cites medical notes showing Lai weighed 86kg in June 2024 and 75kg in April 2025, while suggesting a typo in the latest report on his weight.
“That’s why I don’t accept what is set out in the report,” Pang says.
Justice Esther Toh says the court cannot accept weight estimates based on visual recollection.
“We don’t rely on our eyes, Mr Pang. We all know how you may look fatter on camera. That’s why all the movie stars have to go on a heavy diet to appear slim,” Toh says.
50 queue for next-day entry
During the lunch break, about 50 people, mostly middle-aged, are waiting in the public queue outside the court at 2pm.
They are holding umbrellas and sitting on stools, with some chatting among themselves.
When approached for comment, several people in the queue decline to speak to Post reporters.
Lai may finish non-national security jail terms by June
Prosecutor Chau reveals that Lai, who is serving sentences for four other criminal cases involving fraud and participation in unauthorised assemblies, will complete those terms as early as June this year.
Chau says that with a one-third discount factored in, Lai could complete his sentences for the four other non-national security cases on June 11, 2026. Without the guilty-plea discount, he will finish serving those sentences on May 11, 2028, at the earliest.
The minimum 10-year sentence for Lai’s three national security offences is expected to begin after he has completed his other jail terms.
Following the mitigation hearings for prosecution witnesses Wayland Chan and Andy Li, as well as preliminary proceedings for Jimmy Lai, the justices adjourn the hearing shortly before 1pm until 2.30pm.
Lai moved to Lai Chi Kok
Defence counsel Robert Pang Yiu-hung reveals that Lai has been moved to Lai Chi Kok Reception Centre during the trial, as the Cross-Harbour Tunnel would be “blocked off” for security reasons when transporting him to court.
“Every time they moved, they blocked off the Cross-Harbour Tunnel. In order not to block the tunnel, they moved him to Lai Chi Kok,” Pang says.
Lai has spent most of his time on remand at Lai Chi Kok Reception Centre, except for a period at Stanley Prison, the court hears, as it discusses whether he has made any complaints about medical treatment while in custody.
Lai filed no medical complaints: court hears
Citing the supplementary submission, Chau says Lai “has never lodged any complaint in relation to the medical treatment at Lai Chi Kok Reception Centre at all”.
According to the report, Lai “has been able to maintain social contact and association conducive to his well-being,” the court hears.
Lai’s solitary confinement ‘his own will’
Addressing Lai’s treatment concerning solitary confinement, prosecutor Anthony Chau Tin-hang cites a supplemental submission dated January 8, 2026.
Chau notes that Lai first requested removal from association on December 3, 2020, out of fear of harassment by other inmates, given the wide publicity of his case.
Apart from a short period between December 23 and 31, 2020, when he was granted bail while facing a fraud charge, he has remained in solitary confinement, the court hears.
According to the submission, Lai made “repeated written requests” for solitary confinement arrangements for the same reason.
A review of the arrangements is conducted every month and Lai has confirmed them each time, the court hears.
“He confirmed [in] every situation,” Chau said.
Nonetheless, Chau says Lai has “all along” been able to maintain social contact, including mail correspondence, holy communion, outdoor exercise and consultations with medical specialists.
Lai’s health ‘stable’: prosecution
The mitigation proceedings now turn to Jimmy Lai.
As prosecutor Anthony Chau Tin-hang reads out Lai’s background, he says recent health reports indicate that his general condition remains “stable”.
Lai’s son, Sebastien Lai Sung-yan, mentioned earlier his father’s deteriorating health condition in jail to international media over the course of the trial, with his daughter Claire Lai Choi joining in December.
Claire Lai says her father’s nails had turned “almost purple, grey and greenish” before falling off, while his teeth were becoming rotten.
Chau says in court that a report dated January 9 states Lai has complained of several health issues and is being monitored daily.
However, Lai has been assessed as fit to be removed to a separate cell from other inmates, with no psychological abnormalities found. His toothache case was marked closed after a tooth extraction appointment in 2022, with no further complaints.
Lai is also said to have “declined topical treatment and was not keen on further intervention” for a suspected toenail infection.
Chau adds that no abnormalities were found regarding a heart condition raised by Lai’s lawyers, noting that Lai has made no further complaints of heart palpitations since a specialist consultation. His hearing issue has also seen no further complaints since last September.
Chau reads in court that Lai weighs about 79.2kg this month, a reading that places the 78-year-old in the “obese” category for Asian adults.
Lai’s wife and some members of the public are seen chuckling at Chau’s remark on obesity.
Andy Li ‘not the mastermind’
With court back in session, it is now time to hear Andy Li Yu-hin’s mitigation.
Defence counsel Alain Shum, for Li, also calls on the court to consider the role the defendant turned prosecution witness played in the conspiracy.
“We respectfully submit that he was not the mastermind,” Shum says.
The defence counsel acknowledges that Li’s offence is of a grave nature and accepts that his client falls within the upper band for sentencing.
“Bearing in mind he’s in the upper band of sentencing ... we submit that 10 years may be an appropriate starting point for Andy,” Shum says.
While Li was a “core member” of the Stand With Hong Kong group and engaged in international lobbying efforts, his actions did not involve violence, threats of violence, sedition or incitement, Shum says.
Shum says Lai and his right-hand man, Mark Simon, are the “masterminds” behind Stand With Hong Kong, but Li “has never met or spoken with them”.
Citing Li’s early guilty plea and his full cooperation with police, Shum asks the court to lower the sentencing band and grant a discount of up to 50 per cent.
Lai smiles, thanks wife and supporters
As the hearing is about to resume after the break, Lai returns to the defendants’ gallery in a spirited mood.
He is seen clenching his fists in a gesture of gratitude and waving to the public gallery, as around 10 members of the public wave back. Lai also briefly exchanges gestures with his wife, Teresa Li, with both of them smiling.
Former Stand News editor Chung Pui-kuen is also seen looking towards the defendants’ gallery at his wife, former Apple Daily associate publisher Chan Pui-man, but the two do not show any obvious interaction.
Court resumes at 12.06pm.
Court takes mid-morning break
Justice Toh says the court will take a 20-minute mid-morning break following the mitigation submission by paralegal Chan’s counsel.
Lai waves goodbye to the public gallery before retreating from the defendants’ box.
‘Wayland Chan deserves less than 10 years’
Chan’s counsel, Priscilia Lam Tsz-ying, begins her mitigation arguments. She says that the starting point for her client’s sentence should be less than 10 years after a 50 per cent discount for helping authorities during the investigation.
Lam says the sentencing starting point for paralegal Chan should be 12 to 15 years, but the national security law’s sentencing bands should operate alongside common law principles, with the former used to assess the seriousness of the offence.
Other relevant factors, such as the context and duration of the offence, should also be taken into account, according to Lam.
She also calls Chan a “messenger” for Lai who relayed information to Andy Li Yu-hin, adding that there should be “differentiation” between their roles.
“At most, he was a messenger. His role should be taken into account,” Lam says. “He was not the controlling mind of the conspiracy, so that deserves some discount.”
Lam adds that Chan’s family has also experienced different forms of harassment, such as verbal attacks and doxxing, arguing that this should be taken into account when considering the sentencing discount.
Article 33 of the law allows for a lighter penalty or sentence if a defendant, among other things, provides a truthful account of the offence or supplies material that assists in solving the case.
‘Unlikely’ fine can be recovered from corporate defendants
The court is now discussing how the corporate defendants in the case – Apple Daily Limited, Apple Daily Printing Limited, and AD Internet Limited – will be fined as laid out in Article 31 of the national security law.
Justice Alex Lee notes that none of the companies appear to be solvent, and it seems “unlikely” that any fine levied against them will be recovered by the government.
Article 31 of the law states that any incorporated or unincorporated company or organisation that commits an offence will have a criminal fee imposed on it. The company’s operations will also be suspended or its licence revoked.
What makes an offence ‘grave’
The prosecution and justices are discussing what constitutes an “offence of a grave nature”, and under what circumstances a defendant will be categorised as a “principal offender”.
Some national security law offences prescribe heavier penalties for defendants deemed “principal offenders” who have committed “offences of a grave nature”, with sentences reaching up to life imprisonment. Defendants found to have played lesser roles, such as active participants, face a lower sentencing range.
Prosecutor Anthony Chau says the court should adopt a “holistic assessment”, adding that the outcome depends on the weight placed on each factor.
Preceding arrangements
The first set of mitigation hearings relate to Andy Li Yu-hin and Wayland Chan Tsz-wah, who earlier pleaded guilty to conspiracy to collude with foreign forces and later became key prosecution witnesses in the trial.
Justice Alex Lee Wan-tang says that because the two defendants had already pleaded before the court, he had written directions for their sentences to be brought up today.
Li and Chan, both seated on the far right inside the defendants’ gallery, stand up to go to the front of the box to confirm their pleas. Chan is wearing a grey blazer with a dark jumper and a shirt underneath, while Li is dressed in a black windbreaker and a grey shirt.
Li looks over to the public gallery as his charge is read out.
Both Li and Chan confirm their guilty pleas, as well as the summary of facts they had earlier agreed to.
Judge warns members of public to behave
The three hand-picked justices overseeing Lai’s trial enter the court at around 10.09am.
Before the hearing starts, Madam Justice Esther Toh Lye-ping tells members of the public inside to keep quiet and refrain from disturbing the court.
“Do not indulge in any actions that would distract the court during the proceedings. If you do make noise or distract the court you will be asked to leave the courtroom and observe the proceedings from outside,” Toh says.
She warns that court behaviour rules will still apply even after the judges leave.
Lai enters court
Jimmy Lai enters the court, with several members of the public standing up to wave and make heart signs with their arms towards the Apple Daily founder.
Lai, in a white jacket and blue shirt, is the last defendant to enter the court and is seated in the front row of the defendants’ gallery.
Defendants enter court
The defendants begin to enter the court a few minutes before 10am. Among the first to enter is Apple Daily editorial writer Yeung Ching-kee, who is one of the four prosecution witnesses. Associate publisher Chan Pui-man, another prosecution witness, is wearing a surgical mask.
The defendants are seated and have one correctional services officer beside each of them.
Lai’s wife, activists and former Stand News editor in court
Around 30 minutes before the mitigation hearing begins, Lai’s wife, Teresa Li Wan-kam, is seen waiting to enter the court. Unlike on previous occasions, she is not accompanied by any of her children.
Activist Lui Yuk-lin, former Stand News editor Chung Pui-kuen, Tsang Kin-shing of the now-disbanded League of Social Democrats, and other activists who have been regulars in the public gallery for Lai’s case are also spotted in court.
Chung is the husband of former Apple Daily associate publisher Chan Pui-man, who is one of the prosecution witnesses in the case.
Lai heads to court
At around 9.15am, a Correctional Services Department vehicle carrying Lai is seen departing from the Lai Chi Kok Reception Centre.
Outside West Kowloon Court, police deploy a sniffer dog to patrol the cordoned-off area set up earlier near the public queue, while armed officers are also seen patrolling the scene.
150 queue but many refuse to speak
Amid a heavy police presence, most of those waiting in the queue refuse to be interviewed when approached by the Post for comment.
The Post also observes Tsang Kin-shing, a former member of the now-disbanded League of Social Democrats, being stopped by police and having his bag searched.
As he enters the queue, he is once again briefly stopped by officers before being waved through.
As of 9pm, about 150 people are seen waiting in the public queue inside and outside the building for court admission tickets.
‘New security measure’
Police have placed tape to create about a two-metre buffer between those waiting in the queue and passers-by, in a new measure not seen during Lai’s verdict.
A media liaison officer from the force describes it as “a new security measure to allow for safe passage”.
Overall, the queue on Monday appears shorter than during Lai’s verdict.
More than 100 officers are stationed around West Kowloon Court in a show of heightened security.
Xi ‘didn’t give me an answer’ on Lai’s release: Trump
US President Donald Trump last week said he “had a great talk” with Chinese counterpart Xi Jinping about Lai, calling the tabloid founder a “positive activist” and “an old man who’s very sick” when the two met in South Korea in October.
“I spoke to President Xi when I was in South Korea, and we had a great talk about it, and I left it with him,” Trump told The Hugh Hewitt Show on Thursday.
“He didn’t give me an answer one way or the other, but obviously, so far, it hasn’t been. I got a lot of other answers that turned out positive. I haven’t heard back on that one. Not yet.”
Trump said in his re-election campaign that he would “100 per cent” secure Lai’s release. He has appeared to tone down his pledge since then, saying in an interview in August that he would “do everything” he could to achieve that.
Lai sought Communist Party’s downfall: verdict
Justices Esther Toh Lye-ping, Susana D’Almada Remedios and Alex Lee Wan-tang found Lai’s intent was to overthrow the Communist Party, regardless of the harm it would cause to the people of mainland China and Hong Kong.
“[Lai] was obsessed with changing the [party’s] culture and values to one of Western values, and make China subservient to the might of the US and the West, turning China into a lackey of the West,” they said.
The trio found that Lai provided financial backing to the “Fight for Freedom, Stand with Hong Kong” lobbying group to incite hostile actions by the United States and its allies, knowing that Washington was using Hong Kong as leverage in trade talks with Beijing.
After the national security law took effect, Lai had operated in a “grey area” by adopting an implicitly disguised and subtle approach, such as applauding the effectiveness of sanctions on social media and during media interviews, the judges found.
Lai ‘exploited ties to trigger sanctions’
In the 855-page judgment, the three judges found that Lai had tapped his vast political network to trigger sanctions against Beijing and the Hong Kong government before the national security law took effect, knowing that his requests would be heeded.
They said Lai had pursued his anti-China agenda since 2017, when he sought US intervention in Taiwan affairs by recruiting two former American officials to provide consultancy work for Taiwan.
Lai’s right-hand man, Mark Simon, a former US naval intelligence employee, had arranged for his meetings with political moguls in Washington, including Mike Pence and Mike Pompeo, the US vice-president and secretary of state at the time, and various congressmen, according to the verdict.
When the Hong Kong government proposed a contentious extradition bill in early 2019, Lai instigated sanctions and hostile activities abroad under the guise of fighting for freedom and democracy, the judgment said.
Lai used Apple Daily to ‘carry out anti-government campaign’
Apple Daily Ltd, Apple Daily Printing Ltd and AD Internet Ltd, the companies responsible for the newspaper’s print and digital operations, were convicted in the trial of conspiracies to collude with foreign forces and to print seditious articles.
The three judges pointed out that Apple Daily’s articles displayed serious hostility and bias against central and local authorities and supported Lai’s agenda to topple President Xi and the Communist Party.
They found Lai was consciously using Apple Daily and his personal influence to carry out a consistent campaign to undermine the legitimacy and authority of central and local authorities, until the newspaper’s closure in June 2021.
Lesser sentences expected for prosecution witnesses
Those who have testified for the prosecution in Lai’s 156-day trial are expected to seek leniency based on their efforts to secure the tabloid founder’s conviction through live testimonies in the witness box.
They are Apple Daily publisher Cheung Kim-hung, associate publisher Chan Pui-man, editorial writer Yeung Ching-kee, as well as activists Andy Li Yu-hin and Wayland Chan Tsz-wah.
Apple Daily editor-in-chief Ryan Law Wai-kwong, executive editor-in-chief Lam Man-chung and editorial writer Fung Wai-kong had not offered help to prosecutors during the trial.
Each of the eight defendants has pleaded guilty to a count of conspiracy to collude with foreign forces.
The offence carries a two-tier sentencing regime, with a minimum sentence of 10 years for offences “of a grave nature” and three to 10 years for other participants.
Those who took to the witness box may expect additional sentencing reduction, apart from a one-third discount typically given to those pleading guilty at the earliest opportunity. -- SOUTH CHINA MORNING POST
