Jimmy Lai’s “co-conspirators” speak out after being named in Hong Kong trial

The desperation with which the Hong Kong authorities and, by extension, the Chinese Communist Party are trying to stifle criticism has reached new levels this week, with fresh developments in the trial of publisher Jimmy Lai.

The 76-year-old Hong Kong-British businessman and publisher has been detained since December 2020. His assets were frozen in May 2021 and his publication Apple Daily was forced to close in June the same year. He has been in prison ever since.

On 18 December 2023, Lai’s long-delayed trial on charges of sedition and collusion with foreign forces began. Lai pleaded not guilty.

Earlier this week, the prosecution presented a list of people they termed as Lai’s co-conspirators.

Among Lai’s alleged co-conspirators are Bill Browder, founder of the Global Magnitsky Justice Campaign and Benedict Rogers, founder of Hong Kong Watch, along with James Cunningham, former US consul general in Hong Kong and chairman of the Committee for Freedom in Hong Kong Foundation and Luke de Pulford, executive director of the Inter-Parliamentary Alliance on China (IPAC).

Browder and Rogers have dismissed the allegations against them.

Browder told Index this week, “I have never met or spoken to Jimmy Lai and for them to accuse me of being a co-conspirator with him or him with me is a total fabrication. It is just an indication of how illegitimate and trumped up the changes are against Jimmy Lai.”

Browder said that the charges are an indication of how China is “trying to take its authoritarian oppression international by going after people like me who have not set foot in China for 35 years”.

Benedict Rogers told Index that Lai is being punished for “daring to publish stories and opinions which Beijing dislikes; the crime of conspiracy to talk about politics to politicians; and conspiracy to raise human rights concerns with human rights organisations”.

He said, “Jimmy Lai is, as the head of his international legal team Caoilfhionn Gallagher KC puts it so brilliantly, charged with the crime of conspiracy to commit journalism.”

Rogers said his supposed conspiracy with Lai is nothing more than journalism.

“Citing a message from Mr Lai to me, requesting me to ask whether the last governor of Hong Kong Lord Patten would provide a comment to journalists from his newspaper, as evidence of a crime signals that the normal, legitimate, day-to-day work of journalists in Hong Kong is no longer possible. Journalism is not a crime, but in Hong Kong it now is,” he said.

Despite the flimsy nature of the charges against the alleged co-conspirators, Browder said his naming along with others in the court case is “a very real threat”.

“The Hong Kong authorities have come up with the national security law and are saying that Jimmy Lai has conspired with others to violate that law and there are criminal punishments. I can imagine a scenario in which the authorities decide to issue Interpol Red Notices against me, Benedict Rogers, Luke de Pulford and others and request assistance. This is what dictators and authoritarian governments do,” he said.

Browder is no stranger to being singled out by authoritarian regimes abusing the Interpol system.

Browder, through his Hermitage Capital Management fund, was once the largest foreign investor in Russia. In 2005, Browder was denied entry to the country and labelled as a threat to national security for exposing corruption in Russia.

Three years later, Browder’s lawyer Sergei Magnitsky uncovered a $230 million fraud involving government officials and was arrested, thrown in jail without trial and kept in horrendous conditions. A year later, Magnitsky died.

Browder has since led the Global Magnitsky Justice Campaign which seeks to impose targeted visa bans and asset freezes on human rights abusers and highly corrupt officials.

In the time since, Russia has called on Interpol eight times to issue red notices against Browder.

“Interpol has for a long time been the long arm of dictators to pursue their critics and opposition politicians. I have been a poster child of that in relation to Russia. We know that China and other countries, such as Iran and Saudi Arabia, regularly abuse Interpol and Interpol doesn’t seem to have the controls and mechanisms in place for weeding out these illegitimate red notices,” he said.

As a result of Russia’s use of Interpol’s red notices, Browder said that it has closed off 95% of the world for him and that little will change if Hong Kong goes down the same route.

“It won’t change anything for me but will change things for all other people who have been named,” he said.

Browder said the case against Lai is abusive and he should be released immediately, adding: “This needs a robust response from the British Government. You can’t have a bunch of British citizens being threatened for nothing other than expressing their political opinions.”

Before Christmas, the recently appointed foreign secretary and former prime minister David Cameron called on Hong Kong to release Lai. Cameron said in a statement, “Hong Kong’s national security law is a clear breach of the Sino-British joint declaration. Its continued existence and use is a demonstration of China breaking its international commitments.”

Asked whether the new foreign secretary, who has a record of striving for a closer relationship with China from his previous time in office, would be the person to provide that robust response, Browder said: “I think we are living in a different world vis a vis China and I am confident he will do the right thing here.”

Putin’s control threatens Russian dissident voices

2023 has been a year with more news than days. Every corner of the world is a cacophony of broadcasts describing horror, injustice, sorrow and pain. There are times when you just want to cover your ears, close your eyes and hope for peace in all senses of the word. But in this barrage of bulletins dictators thrive.

Whilst the United Nations scrutinises the Israel-Hamas war, the United States Congress holds crunch talks over the future of funding for Ukraine in its defence and Beijing gears up for the trial of Jimmy Lai, Putin lurks in the shadows. His nefarious and nihilistic plots continue their march to his single goal of power at all costs. This week Vladimir Putin announced that he will be seeking yet another term as President of the Russian Federation. He boasts that he will hold polls in the occupied territories he illegally invaded in Ukraine and brushes over the matter he is riding roughshod over the Russian constitution once again.

However, Putin’s determination to cling to power can only happen when he oppresses and silences dissidents. The latest victim of the Russian President’s tyranny is Russian-American journalist Masha Gessen. The trumped-up charges from the Kremlin are “spreading false information about the Russian army”. This is the latest crackdown on dissent being undertaken by the Russian state.

This week we also heard that lawyers for Alexei Navalny have been unable to contact the Russian opposition leader. His legal team have made two attempts to reach the two penal colonies where they believe Navalny is being held. Neither of the colonies have responded to the requests for information. Only last week the jailed Russian opposition leader fell ill within prison and was due to appear in court again this week.

Another thorn in the side of Putin, the former member of a Moscow municipal council Alexei Gorinov, has grown ill whilst incarcerated for seven years in prison. Gorinov no longer has the strength to sit up or even speak.

Gessen, Navalny and Gorinov all reflect the autocratic approach by Putin to his critics: imprisonment, abuse, and hunting down those who are able to escape. Whether you are a journalist, politician or member of the public in Putin’s Russia you are at risk of the whims of a man who yearns only for more control.

Whilst war rages in Ukraine it is easy to lose sight of the dissidents saying loudly that the Russian state doesn’t act in their name. During turbulent times it’s all too easy for us to be deafened by events and for dissidents’ voices to be muffled. We cannot allow that to happen and as long as Index on Censorship exists we will give a megaphone to those fighting for freedom of expression to ensure you can hear what they are saying.

To finish – as we reach the end of 2023 – the only thing I can really promise you is that the team at Index will be required to keep fighting for dissidents in 2024 – and that will do our job with the dedication and commitment that you expect from us.

So from the team at Index – we wish you well over the holidays and hope for a much better 2024.

“For Hong Kong, may freedom reign”

Index has a proud history of providing a platform for dissidents, we exist to protect and promote the concept of freedom of expression not just as a fundamental human right, which it is, but also as the ultimate right in a democratic society. The creation of art, journalism, comedy, academia, plays, poetry, novels and even placards. These are the ultimate expressions of a free society and for those of us who are able to celebrate our own freedoms it is something we should cherish.

However in recent days we have been once again reminded of how quickly repression and dogma can overwhelm a notionally free society and how tyrants seek to not only control their own citizens at home but also to undermine their freedoms when they have escaped the boundaries of their former home nations.

This week’s case in point is China and Xi Jinping’s CCP. This has been yet another awful week for the people of Hong Kong and the global diaspora, especially those who seek to speak out against Xi’s rule. Under the guise of the National Security Law the Hong Kong Police Force has issued arrest warrants for eight political dissidents who live in democratic societies. Their ‘crime’ was to challenge the CCP’s efforts to end the One Nation, Two Systems constitutional settlement, which had been granted to Hong Kong when British sovereignty ceased to apply to the territory in 1997. In other words they sought to protect the democratic society that they had built in Hong Kong.  (Read what two of the UK-based activists had to say here.)

Each of them has had to flee their homes in Hong Kong, leave their lives and their loved ones behind in order to ensure their own liberty. They now live in exile with little likelihood that they will ever be able to return. But even that isn’t enough for the Chinese government.

It’s incredibly important that we know and celebrate the bravery of the dissidents who the Chinese Communist Party fear – they represent thousands of others, but today we must say their names.

Kevin Yam

Ted Hui

Nathan Law

Elmer Yuen

Dennis Kwok

Mung Siu-tat

Lau Cho-dik

Anna Kwok

We are lucky to live in a democratic society and therefore we have a responsibility to protect those who have had to free their repressive governments in order to speak out. They inspire us, so we must protect them.

The National Security Law is a disgrace and the worst example of a coordinated effort of transnational repression. But it’s not just the eight Hongkongers who the CCP seek to silence. It’s the rest of us too.

Last week Index hosted an evening of art and culture created and performed by Chinese dissidents. It was an incredible evening and an amazing success. However in the run up to the event our website was attacked and the webpage advertising the event was corrupted. It was the only part of our website to be affected. One of our artists, Badiucao, was threatened and advised to not attend and had to be accompanied throughout his visit to London. In recent months we have documented exactly what is happening to Chinese dissidents who seek to speak out against the CCP in Europe and you can read all of our work on our new website – while it’s still up!

This week my friend Lord Leong spoke in the UK Parliament about how the CCP was seeking to silence people. So do end my blog today I am going to leave you with his words:

In closing, I will quote the opening verse of “Glory to Hong Kong”. It has become the anthem of their struggle. Brave individuals in Hong Kong have been arrested and detained for singing it. The Chinese Government are trying to remove all traces of the lyrics online. I know that if I say them here, in this Chamber at the heart of the mother of Parliaments, these words will be forever recorded in Hansard. This will, I hope, encourage those brave souls, by demonstrating that their voices are being heard on the other side of the world despite Beijing’s attempts to silence them:

“We pledge: No more tears on our land,

In wrath, doubts dispelled we make our stand.

Arise! Ye who would not be slaves again:

For Hong Kong, may freedom reign!”

Targeted activists vow “the voices of Hongkongers will never be eliminated”

Pro-democracy activists exiled from Hong Kong will never be silenced despite attempts by the Chinese Communist Party to use transnational repression against them, an urgent press briefing held at the UK House of Commons on Wednesday heard.

This is despite what some are calling a “Chinese fatwa” which has seen the Hong Kong Police Force issue arrest warrants againt eight activists, including Christopher Mung, Finn Lau and Nathaw Law in the UK, and others in the US, Canada and Australia. The authorities have also offered rewards of up to one million Hong Kong dollars for information leading to their capture.

Mung and Lau both spoke at the briefing, which was chaired by Bob Seely MP.

Mung stressed the repercussions of the long reach from the authorities, but vowed he will never be silenced.

He said: “The Chinese and Hong Kong governments are extending their hands abroad, suppressing freedom of speech and silencing activists with a chilling effect.

“But they will never eliminate my voice, or the voice of Hongkongers. For the rest of my life, us Hongkongers will fight together.”

Lau said it wasn’t the first time the CCP had tried to exert transnational repression of speech in the UK, citing the harassment of protestors outside the Chinese consulate in Manchester by staff in 2022.

He also issued a set of demands to the British government in response to the warrants. These included an urgent meeting with both the British foreign and home secretaries, as well as calling for legal action against anybody in the UK who passes on information about the activists for reward.

“We simply need concrete action and measures to tackle this,” he said.

Mark Clifford, president of the Committee for Freedom in Hong Kong Foundation, went as far to call the warrants and bounties a Chinese “fatwa”.

He said: “The CCP and their enablers in Hong Kong have crossed a red line here. What they’re saying is democracy is illegal around the world under their National Security Law.

“We need actions because China will keep pushing, and pushing, and pushing.”

When asked why the warrants and bounties were issued now, Lau said that any guess is just speculation.

He continued: “Personally, I think it’s just simply a way of discouraging Hongkongers from fighting for their democracy and speech in the future.”

Benedict Rogers, chief executive of Hong Kong Watch, which monitors freedoms and human rights in Hong Kong, recounted attempts by the CCP to repress his own freedom of speech, while acknowledging these have been less severe than those now faced by the eight activists.

“About a year ago I received a letter from the Hong Kong police informing me that what I do with Hong Kong Watch in the UK violates the National Security Law in Hong Kong, and I could face a prison sentence there,” he said.

“I’ve also received anonymous threatening letters from Hong Kong, some even posted to my mother.”

Finishing off the session, Mark Clifford said that the battle with the CCP’s repression will be a long-term struggle, and to ensure talk of damaging trade relations doesn’t affect it.

“It’s an evil, evil country; and we must remember our values are just more important than economic commerce.”

Read our statement on the arrest warrants and rewards.