By Jessie Pang and James Pomfret
HONG KONG, Jan 12 (Reuters) – Hong Kong’s High Court heard on Monday the mitigation plea of pro-democracy tycoon Jimmy Lai, the final step before sentencing in a landmark national security trial that has drawn international condemnation and could see Lai jailed for life.
Last month, Lai, 78, was found guilty of being the “mastermind” on two counts of conspiracy to collude with foreign forces under a China-imposed national security law, and conspiracy to publish seditious material.
Lai has denied all charges.
The verdict was criticised by Britain, the European Union, the United States and others. Hong Kong authorities say Lai received a fair trial and the national security law has restored stability to the city after mass pro-democracy protests in 2019.
A longstanding critic of the Chinese Communist Party (CCP)and founder of the now shuttered pro-democracy Apple Daily newspaper, Lai is the highest-profile figure to face prosecution under Hong Kong’s years-long crackdown after the 2019 protests.
Hearings such as Monday’s give defence lawyers the chance to seek a more lenient jail term than the 10 years to life imprisonment Lai could face for his role in the collusion convictions, set out by guidelines in the security law.
Lai sat in the glass dock with eight trial defendants, including two key prosecution witnessess, Andy Li and Wayland Chan Tsz-wah, separated by around a dozen prison guards.
LAI’S HEALTH UNDER SCRUTINY
Lai did not submit a mitigation letter, his family told Reuters.
But his lawyer Robert Pang, told the court his client suffered from hypertension, diabetes and cataracts among his medical conditions, and solitary confinement for more than 1,800 days had imposed an “additional burden”.
“Every day he spends in prison will bring him that much closer to the end of his life,” said Pang, while adding such ailments were not life-threatening.
Prosecutor Anthony Chau cited a January 9 medical report that called Lai’s condition “stable”, however. He also disputed a defence claim that Lai had lost 11 kg (24 lbs) in prison, with a loss of only 0.8 kg (1.8 lb) recorded.
“After examination, no obvious abnormality was found,” Chau said, adding that Lai himself had sought solitary confinement for his own protection.
The trial judges held that Lai used his influence and the Apple Daily tabloid to run a campaign to “seek the downfall of the CCP, even though the ultimate cost was the sacrifice of the interests of the people” of China and Hong Kong.
Priscilia Lam, a lawyer for prosecution witness Wayland Chan, asked for his sentence to be more than halved, in return for giving key evidence against Lai and the rest. A lawyer for Andy Li also sought a 50% cut.
Another defendant, Cheung Kim-hung, the former CEO of Lai’s once-listed company, Next Digital, sought a reduction for having shown remorse and decided to become a prosecution witness, his lawyer said.
The hearing resumes on Tuesday, with sentencing due later.
OVERNIGHT QUEUES OUTSIDE COURT
Nearly 100 people queued overnight outside the court ahead of the hearing, some lining up three days in advance, armed with bedding.
“Many people still support Mr. Lai,” said Lee Ying-chi, who said she had queued for several days. “We hope that he can be immediately released. He hasn’t done anything wrong.”
In an interview this month, U.S. President Donald Trump said he had asked Chinese President Xi Jinping to release Lai, whom he called a “positive activist”, but got no reply.
Five U.N. experts also called for Lai’s release on humanitarian grounds, saying his conviction showed a “dramatic decline in fundamental freedoms and judicial independence”.
(Reporting by Jessie Pang and James Pomfret; Editing by Kate Mayberry, Lincoln Feast and Clarence Fernandez)
