Hong Kong – UAB Institute for Human Rights Blog

Pro-Democracy Activist Jimmy Lai’s Case and The History of Hong Kong

A man standing in front of Hong Kong protesters pointing out. — Image 1: A man standing in front of Hong Kong protesters pointing up to the sky. Source: Yahoo Image.

In recent years, many freedoms of Hong Kong citizens have been stripped away. Once a British colony now under the rule of Beijing, legislation has restricted the voice of its journalists and activists.

Critiques of the Hong Kong and Chinese government are met with an iron fist. New laws such as the National Security Law and Article 23 law have limited what can and cannot be said in public and media. Consequently, activist such as Jimmy Lai have fallen victim to these new laws.

Historical Background of Hong Kong, The National Security Law, and Article 23

Image 2: Protesters in Hong Kong. Source: Yahoo Image.

Britain acquired Hong Kong after the first Opium War with China, under the Treaty of Nanjing 1842. Negotiations of Hong Kong took place in 1984, with the signing of the Joint Declaration. In 1990, the Basic Law was completed which served as a mini-constitution for Hong Kong. The former British Colony was officially turned back over to the People’s Republic of China on July 1, 1997.

Beijing had promised Hong Kong a “One Country, Two Systems” rule and to continue their political practices for 50 more years. However, after an economic crisis in Hong Kong, Beijing sought to implement strict regulations in 2003. The National Security Law was proposed to be added to the Basic Law, but half a million Hong Kong citizens marched in protest. The bill was unable to be passed due to the pushback.

Despite citizens’ displeasure with the proposal in 2003, 17 years later, the National Security Law was put into place. This has heavily restricted many freedoms that people in Hong Kong partook in previously. The crackdown of this law came in the form of dozens of activists being arrested. In recent years, the recognition of the Tiananmen Square Massacre has been censored. With that, people are no longer permitted to hold vigils in memory of those who died during the protest. Beijing has frequently been exercising their authority to interpret the Basic Law in Hong Kong.

The Basic Laws are similar to a mini-constitution for Hong Kong. The Nationals Security Law (NSL) was passed in 2020. This heavily restricts Hong Konger’s rights to protests and freedom of speech and expression. Because of this new law, the Hong Kong government was able to pass Article 23. This article, officially called Safeguarding National Security Ordinance, creates new offenses, heavier prison sentences, and stronger enforcement for violations of national security. The law adopts mainland China’s definition of “State security threats” and “State secrets” which encompasses almost anything. The law is up for interpretation, but only the interpretation of the Hong Kong government and Beijing.

Who is Jimmy Lai? What is he charged with?

Image 3: Jimmy Lai standing with police officer holding his arm. Source: Yahoo Image.

Jimmy Lai first came to Hong Kong in 1961 at the age of 12. After having fled from Communist China, Lai had arrived at a colonized Hong Kong. Because of its national status at the time, he is considered a British National. As a child, Lai worked as a child laborer in a clothing factory, persevering through years of working in harsh conditions. By 1981, Lai opened a chain clothing store called Giordano. Through this Jimmy Lai became extremely successful.

As a result of the events at the Tiananmen Square Massacre, Lai began to dedicate his life to activism for human rights (see my blog post about China for an in-depth look into the Tiananmen Square Massacre and its influence on activists in Hong Kong and China). In 1995, he opened a newspaper called Apple Daily. Frequently, this pro-democracy media outlet would criticize the Chinese Communist Party (CCP).

On August 10, 2020, Jimmy Lai was arrested and in December 2020, he was charged with three counts of foreign collusion and one charge for sedition. For four years, Lai has been detained in the conditions that violate many human rights. According to Amnesty International, Lai has been subjected to solitary confinement and is allowed outside for less than an hour a day.

Jimmy Lai’s international legal team has reported that Lai, a Catholic, has been denied his freedom to practice his religion. In an interview conducted by Nick Schifrin, International Human Rights Lawyer, Caoilfhionn Gallagher said, “He’s also a devout Roman Catholic being denied access to the sacrament of holy communion.” While his legal team continues to fight for his release, Gallagher emphasizes the imperative danger that Lai is in of losing his life.

Lai’s son, Sebastien Lai, also spoke out about his father. In the interview, he worries about the passing of his father while in prison. Sebastien said that his ultimate goal was to see his father out of prison before his death. Despite their best hopes the chances of the case against Jimmy Lai being dropped are slim. Sebastien reflects on the memory of his father, “My memory of my father is always of this man smiling, because he knew that, despite all of this, he was doing the right thing.” This quote summarizes the kind of person Jimmy Lai is. One that fights for his freedoms and the freedoms of the people around him. Lai had not hesitated, in any of the times he was released on bail, to continue to attend Tiananmen vigils and stand up for democracy and freedom of speech.

The Lai Trial and November 20th Resumption Update

Image 4: Jimmy Lai in handcuffs being escorted. Source: Yahoo Image.

The long awaited trial of pro-democracy advocate, Jimmy Lai, began on December 18, 2023. Lai had been held in custody awaiting his trial for over 1,000 days due to delays from Beijing over their interpretation of the national security law. Beijing ultimately decided that Lai would not be allowed his choice of a British lawyer.

A trial that was only supposed to last 80 days, ran until June 11, 2024. The court was unable to have the mid-trial submission until July 24-25. Since then, the court has been adjourned until November 20, 2024.

In another case, Hong Kong rejected Jimmy Lai’s request for a jury trial in early October 2024. This was in response to Jimmy Lai bringing a case against Ta Kung Pao, a pro-Bejing newspaper, in November 2020. Ta Kung Pao had published defamatory statements regarding Lai in June 2020. In the article, Ta Kung Pao accused Lai of trying to escape and create chaos within Hong Kong. Unfortunately, Judge Queeny Au Yeung rejected Lai’s request, stating that the legal documents needed further in-depth examination.

The court case for the national security trial resumed on November 20 with the testimony of Lai. In the charges of collusion with foreign forces, Lai pleaded not guilty. Hong Kong’s Prosecutor Anthony Chau insisted that Lai was asking other countries, specifically the United States, to impose sanctions and encourage hostilities against Hong Kong and China.

In his first court testimony, Lai stated that it was not his intention to manipulate foreign policy in the United States to be hostile towards China and Hong Kong. This was in response to the prosecution bringing forth evidence of Lai’s “collusion with foreign forces” in a meeting he had with Vice President Mike Pence and secretary of state Mike Pompeo during Donald J. Trump’s presidency in July 2019.

Lai said that all he did was answer honestly of what was happening in Hong Kong when asked. In relation to his newspaper Apple Daily, Lai denies advocating for Hong Kong’s independence. He also reiterated that any conversations held with Officials from other countries were strictly professional. Lai further stated that the National Security Law would bring about the end of free speech in Hong Kong.

Conclusion: What is the international reaction? What can be done to help Lai and others?

The trial will continue throughout November while the rest of the world awaits the fate of Jimmy Lai. Amnesty International continues to call for the release of Jimmy Lai. Both the U.K. and the U.S. have criticized Beijing for the imprisonment of Lai. Beijing in response, has condemned the U.S. on its involvement with a “threat to the security of Hong Kong and China.” They have also stated that the U.K. should stay out of all legal processes.

“Support Jimmy Lai” is an online website that has been keeping track of Lai’s case. On the website they provide case updates and a timeline of Lai’s life. They ask people to show support by using the hashtag #FreeJimmyLai. If you would like to donate to the cause or for more information check out “Support Jimmy Lai.”

China: Violations of Freedom of Expression, Speech, and Peaceful Assembly

China's flag in front of the Great Wall of China. — Image 1: China’s flag in front of the Great Wall of China. Source: Yahoo Image.

Thousands of miles away, activists for basic human rights sit in prison cells. Most await punishments that far exceed the crime. In China, heavy prison sentences weigh on the shoulders of its brightest human rights activists, scholars, and lawyers.

According to Amnesty International, freedom of expression and speech is having the right to say what you believe and to call for a better world. To express your freedom of speech is to be able to openly, and without consequences, critique those in power. The United Nations (UN) states that the right to peaceful assembly is the right to hold peaceful gatherings, sit-ins, rallies, and protests without fearing repercussions.

Who are They? And What Does the Law Say?

Image 2: Protesters in Qidong, China. Source: Yahoo Image.

Human rights lawyer, Ding Jiaxi, has been imprisoned since December 2019 for subversion of state power. Also arrested for subversion of state power was Xu Zhiyong, a legal scholar.

Ding Jiaxi and Xu Zhiyong are members of the New Citizens’ Movement, a group of activists dedicated to creating a better China. Xu and Ding co-created the movement back in 2012 in order to shed light on government corruption. After a meeting with the activist movement in December 2019 in a Chinese city called Xiamen, multiple members were arrested. As a result of their critique of the Chinese government’s handling of the coronavirus, Xue Zhiyong and Ding Jiaxi were charged with “subversion of state power.” Both have been imprisoned, with sources saying that they have been subjected to various forms of torture.

By examining China’s laws regarding freedom of press and expression, a clearer understanding of the regulations that restrict the people of China is achieved. The State Council of the People’s Republic of China Article 5 states that the government must protect their citizens’ right to freedom of press so long as they do not criticize the basic principles of the constitution. Citizens must abide by certain regulations put into place of what they can and cannot publish. In support, Article 26 outlines specific regulations such as, no publication shall oppose basic principles and shall not endanger the unification, sovereignty and integrity of the State.

How then, can a people that are restricted from criticizing their own government be considered free? In 1989, Tiananmen Square became a testament to just how far the Chinese government was willing to go to suppress its citizens dissent.

Tiananmen Square History and Influence of Chinese Activist

Man standing in front of military tanks. — Image 3: A man standing in front of military tanks at Tiananmen Square. Source: Yahoo Image.

During the month of April, in 1989, a peaceful gathering to mourn Hu Yaobang, a liberal Communist Party member, took place in Beijing at Tiananmen Square. The gathering calmly turned into demonstrations that called for the abrupt end of corruption in the Chinese government. An estimated one million people joined in to peacefully protest their grievances.

In response, Martial Law was enforced and thousands of troops were released upon the protesters. They opened fire on those gathered and plowed through the crowds with military tanks. To this day, the Chinese government refuses to release any new information regarding the massacre. This event is prohibited from being spoken about or commemorated in China and Hong Kong.

The total number of deaths is unknown in China’s attempt to purge the memory of Tiananmen Square from history. The event is censored; families have been unable to mourn or acknowledge their loved ones. People are forced to forget, and the truth is neglected from the knowledge of a new generation.

Zhou Fengsuo is the Executive Director of Human Rights in China and was also a student leader at the 1989 Tiananmen Square Massacre. What was supposed to be a peaceful demonstration turned into a horrific bloodbath. Zhou was there when his peers were shot down in front of him. His eyes are a witness to military tanks and tear gas being used as a means to end the uproar. In his testimony Zhou wrote, “The scene was that of a war zone; a war conducted by the CCP’s army against the Chinese people.” Zhou calls out on foreign governments to take a firmer stance on China’s violation of human rights.

Activists Imprisonment of Chinese and Hong Kong Human Rights Activist

Image 4: Large group of protesters at Hong Kong protest. Source: Yahoo Image.

Xu Zhiyong writes in his book, A Beautiful China -Thirteen-The Citizens Movement, about his vision for China. In his writings, he talks of a better China; one that is accomplished through peaceful protest and nonviolence. He says, “We are all Chinese, and we will build a beautiful China together in the future.” Throughout his collection of twenty-four essays he repeatedly reiterates the importance of unity.

To be a true citizen is to have basic rights. Xu writes that when they have the right to vote and to speak freely they will be true citizens. People that are free are ones that can openly and without fear criticize their governments. In A Beautiful China Xu says, “Amid the absurd, we stick to the truth; amidst evil, we hold fast to our conscience; in the darkness, we create light.” Many Chinese and Hong Kong activists are dedicated to changing their governments.

After being handed over to China in 1997, Hong Kong was promised fifty years with their independent government. Halfway through their allotted time, Beijing implemented a law that gave them further influence in Hong Kong. As of 2020, the new law in Hong Kong, known as the National Security Law (NSL), was passed. This law has since then increased prison sentences and allowed for extreme censorship.

Chow Hang-tung and Jimmy Lai are both Hong Kong activists. Jimmy Lai was arrested for “colluding with foreign forces” and sedition. His newspaper, Apple Daily, which advocated for human rights such as freedom of expression and speech, was later closed down in June 2021. He has been held in solitary confinement awaiting his trial to resume in November 2024. Lai is 76 years old and only gets around 50 minutes of time outside a day. Chow Hang-tung was arrested after attending a vigil for the Tiananmen Square Massacre. She was imprisoned for 22 months and faces possible imprisonment again for 10 years or more. The new National Security Law states that she was “inciting subversion.” She has also been subjected to solitary confinement.

Chow Hang-tung, Ding Jiaxi, and Jimmy Lai have been considered by Amnesty International to be prisoners of conscience. A prisoner of conscience is someone imprisoned because of political, social, religious, or other personal beliefs.

Conclusion: What is China’s Response? What is the Global Reaction?

The United Nation Human Rights Council accepted China’s report on their Human Rights achievement for the 56th Universal Periodic Review (UPR). While multiple activists remain imprisoned in solitary confinement, Chinese Daily flaunts the approval given to them for their advanced improvements in Human Rights by countries like Russia, Algeria, and Venezuela. Chinese Daily said, “China welcomes and remains open to all constructive suggestions that are proposed in good faith to help it improve its human rights conditions.” This seems to be the case so long as the criticism and call for improvements, recognition, and change do not come from Chinese or Hong Kong citizens.

Amnesty International and Human Rights Watch, continue to call for the release of activists Jimmy Lai, Chow Hang-tung, Ding Jiaxi, and Xu Zhiyong. Activists like Zhou Fengsuo, who has been advocating for change in China for many years, will continue the fight for human rights. It is through them that freedom will be achieved.