A Hong Kong court will sentence former media boss Jimmy Lai Chee-ying and his associates on Monday for conspiracy to collude with foreign forces in violation of the national security law.
Three High Court judges who oversaw Lai’s high-profile trial are expected to hand down penalties on the 78-year-old defendant at 10am, according to the judiciary website.
The justices, hand-picked by the city leader to adjudicate national security cases, will also sentence six former senior executives of Lai’s Apple Daily tabloid-style newspaper, three companies associated with the outlet and two activists in what is expected to be an hour-long hearing at West Kowloon Court.
Rumours about the sentencing began circulating on Thursday afternoon, as dozens of journalists set up stepladders outside the court and left placards with their organisations’ names to reserve places in the public gallery.
Members of the public hoping to secure admission tickets also began camping outside the court premises on Thursday night, as a dozen police officers in bulletproof vests kept watch.
By the time of the sentencing, Lai will have spent nearly five years and two months behind bars. He has been in custody for all but eight days since being denied bail in December 2020.
Lai can appeal within 28 days of sentencing.
Justices Esther Toh Lye-ping, Susana D’Almada Remedios and Alex Lee Wan-tang returned a verdict last December, convicting Lai of all charges after a trial that began in December 2023 and lasted for 156 days.
The ruling triggered fresh appeals for Lai’s release and calls for sanctions by some Western countries.
Chief Justice Andrew Cheung Kui-nung earlier warned that allowing a defendant’s premature discharge based on his occupation or political causes would be an affront to the rule of law.
The three High Court judges found that Lai was the mastermind behind three conspiracies to instigate international sanctions and hostile activities against Hong Kong and mainland China, and to incite public hatred towards central and local authorities through the publication of seditious articles in Apple Daily.
The judges said the newspaper founder continued to promote opposition to Beijing and call for sanctions after the national security law took effect in June 2020 by adopting “an implicitly disguised and subtle approach”, such as praising the effectiveness of hostile measures against Beijing.
Lai was convicted of two conspiracy counts of collusion with foreign forces and a third count of conspiracy to print and distribute seditious articles, an offence under colonial-era legislation.
Apple Daily Ltd, Apple Daily Printing Ltd and AD Internet Ltd, the firms responsible for the newspaper’s print and digital operations, were also convicted of two conspiracy charges of collusion and sedition.
Six former Apple Daily employees pleaded guilty to conspiracy to collude with foreign forces in November 2022. They are publisher Cheung Kim-hung, associate publisher Chan Pui-man, editor-in-chief Ryan Law Wai-kwong, executive editor-in-chief Lam Man-chung, managing editor Fung Wai-kong and editorial writer Yeung Ching-kee.
Activists Andy Li Yu-hin and Wayland Chan Tsz-wah admitted the same collusion offence in August 2021.
Collusion with foreign forces is punished under a two-tier sentencing regime, with a minimum jail term of 10 years and up to life imprisonment for cases “of a grave nature”.
Justice Lee said in a mitigation hearing last month that it was “unrealistic” to argue that the present offence was minor enough to warrant a jail term of between three and 10 years under the second tier.
Questions remain as to whether the sentences for Lai’s associates should be measured in accordance with the gravity of the offences or their respective levels of involvement.
Those who testified against Lai can expect to receive less than 10 years’ imprisonment even if the case is found to be serious, as the national security law allows for further sentencing reduction if an accused gives material assistance to authorities.
