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.”

“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!”

The international community must resist Hong Kong’s attempts to threaten human rights across the globe using the National Security Law

Index on Censorship is deeply alarmed by the reports that the Hong Kong Police Force have issued arrest warrants for eight pro-democracy activists living in exile in the UK, USA and Australia. According to the police force, all those targeted “are alleged to have continued to commit offences under the Hong Kong National Security Law that seriously endanger national security, including ‘incitement to secession’, ‘subversion’, ‘incitement to subversion’ and ‘collusion with a foreign country or with external elements to endanger national security’.” Index has long condemned the National Security Law as it has fundamentally criminalised dissent and “paralysed pro-independence and pro-democracy advocates in the city.”

Index further condemns the reward offered by the Hong Kong authorities of HK$1 million (£100,581) for information leading to their capture. By offering financial incentives to members of the public to report on these pro-democracy activists, the authorities are trying to turn society against itself to isolate those who have spoken out against China’s attack on human rights. This is especially damaging for those living in exile. Through the Banned By Beijing project, Index has documented how Chinese authorities – both in Hong Kong and mainland China – have threatened those who have fled to Europe, targeting their ability to work, express themselves, seek education, or continue advocating for human rights back home in China. 

The extraterritorial reach of the National Security Law explicitly targets those who have fled due to their work defending democracy. The US Government highlighted this specific issue in their statement responding to the warrants, stating that “the extraterritorial application of the Beijing-imposed National Security Law is a dangerous precedent that threatens the human rights and fundamental freedoms of people all over the world.” All states must ensure they can respond robustly to all threats of transnational repression. This was highlighted in an exhibition launched by Index last week in London to mark the third anniversary of the enactment of Hong Kong’s National Security Law, which featured Badiucao, a Chinese-Australian artist and human rights defender; Lumli Lumlong, a husband and wife painting duo; and leading Uyghur campaigner, Rahima Mahmut.

All countries must stand firm to their commitment to ensure that all those targeted by these warrants and the National Security Law are protected from transnational threats wherever they are. 

Hong Kong’s travesty of a show trial begins

Joshua Wong, Benny Tsai, Claudia Mo, Au Nok-hin, Ray Chan, Tat Cheng, Sam Cheung, Andrew Chiu, Owen Chow, Eddie Chu, Andy Chui, Ben Chung, Gary Fan, Frankie Fung, Kalvin Ho, Gwyneth Ho, Kwok Ka-ki, Lam Cheuk-ting, Mike Lam, Nathan Lau, Lawrence Lau, Ventus Lau, Shun Lee, Fergus Leung, Leung Kwok-hung, Kinda Li, Hendrick Lui, Gordon Ng, Ng Kin-wai, Carol Ng, Ricky Or, Michael Pang, Jimmy Sham, Lester Shum, Sze Tak-loy, Roy Tam, Jeremy Tam, Tam Tak-chi, Andrew Wan, Prince Wong, Henry Wong, Helena Wong, Wu Chi-wai, Alvin Yeung, Clarisse Yeung, Winnie Yu, Tiffany Yuen.

These are the names of all 47 people appearing in court today in Hong Kong. Remember their names. They are all people with families, people who had dreams and ambitions that were curtailed as Hong Kong went from being one of Asia’s most liberal cities to a tightly controlled state in just a matter of years. Amongst them are former politicians, democracy leaders, scholars, health care workers, even a disability activist. These people are the best of us and we could be them tomorrow. Rights are fragile – their examples are case in point.

The 47 are accused of “conspiracy to commit subversion” over the holding of unofficial pre-election primaries in July 2020. The primaries aimed to select the strongest candidates among Hong Kong’s then robust pro-democracy movement to run against the CCP-aligned parties. Until then, unofficial primary polls had been a common feature in Hong Kong political landscape, but in the wake of the draconian National Security Law which was passed at the end of June that year, Beijing labelled the democracy camp’s event illegal. In dawn raids on 6 January 2021, the organisers, candidates and campaigners were arrested. Many have been in jail since, denied bail.

The Hong Kong government labels them dangerous criminals and for that they could be behind bars for anything from three years to their whole lives. They are anything but.

The trial is a sham. There is no jury, going against a long tradition in Hong Kong’s legal system, which was established in line with British common law. The judges are handpicked by Beijing. There are reports that some who are taking up the 39 seats reserved for the public in the main courtroom don’t even know who is on trial.

The 47 are walking into court with their guilt presumed. Twenty-nine have already pleaded guilty. With no faith in the legal system, their only hope is a more lenient sentence. Ex-district councillor Ng Kin-wai told the three judges: “I did not succeed in subverting the state power. I plead guilty.” That he kowtowed is understandable; that a minority will not is a sign of how remarkable and resilient these people are. Former legislator Leung Kwok-hung said that there was “no crime to admit” while reiterating his not guilty plea.

This is a show trial masquerading as justice. It is a joke. But to laugh at this brings trouble too. Judge Andrew Chan told members of the public to “respect” the hearing after several jeered at the guilty pleas.

Outside court police presence is heavy. Dissent is being weeded out. Members of the League of Social Democrats, which is one of Hong Kong’s last active pro-democracy groups, turned up to protest and were reportedly pushed away. The chairperson of the group, Chan Po-ying, said “[I] hope reporters are all filming this” as police officers shoved her.

Fortunately reporters are there and are covering it. Hong Kong Free Press, for example, will be running regular on-the-ground updates – follow them here. This is not an easy landscape to operate in. According to reports, some people have warned others against speaking to the press, while journalists have been filmed and photographed by onlookers.

We are on day one of the trial. It is expected to last 90 days, with sentencing to follow after. Alongside Jimmy Lai’s trial – now postponed to the Autumn – it is the biggest and most important trial Hong Kong has seen in years, if not decades. And yet visit a Chinese or Hong Kong-run newspaper and it is buried under other news, if it’s reported at all. They want to forget them. We won’t allow that. Remember their names; better still, say their names out-loud.

We repeat – Joshua Wong, Benny Tsai, Claudia Mo, Au Nok-hin, Ray Chan, Tat Cheng, Sam Cheung, Andrew Chiu, Owen Chow, Eddie Chu, Andy Chui, Ben Chung, Gary Fan, Frankie Fung, Kalvin Ho, Gwyneth Ho, Kwok Ka-ki, Lam Cheuk-ting, Mike Lam, Nathan Lau, Lawrence Lau, Ventus Lau, Shun Lee, Fergus Leung, Leung Kwok-hung, Kinda Li, Hendrick Lui, Gordon Ng, Ng Kin-wai, Carol Ng, Ricky Or, Michael Pang, Jimmy Sham, Lester Shum, Sze Tak-loy, Roy Tam, Jeremy Tam, Tam Tak-chi, Andrew Wan, Prince Wong, Henry Wong, Helena Wong, Wu Chi-wai, Alvin Yeung, Clarisse Yeung, Winnie Yu, Tiffany Yuen.