Jimmy Lai sentencing approaches as Hong Kong court hears final arguments

Hong Kong’s High Court has concluded mitigation hearings for media tycoon and China critic Jimmy Lai, bringing his high-profile national security case closer to sentencing.

Lawyers for Lai, 78, and eight co-defendants – including senior former staff of the pro-democracy newspaper Apple Daily – argued over two days for lighter sentences. Judges said a sentencing date would be announced later.

"There are a lot of legal issues and important questions of law that need to be handled," said Alex Lee, one of three judges presiding over the case.

National security law

Lai, the founder of the now-closed newspaper, was convicted last month of two counts of conspiracy to collude with foreign forces under a Beijing-imposed national security law, as well as conspiracy to publish seditious material.

He has denied all charges, describing himself in court as a "political prisoner" facing persecution by Beijing.

The trial began in December 2023. Lai has spent more than 1,800 days in solitary confinement.

Diplomats from Britain, the European Union and the United States were among those attending Tuesday’s hearing.

In its judgment, the court said Lai had colluded with overseas individuals, officials and politicians in an attempt to bring about the "downfall of the Chinese Communist Party".

Hong Kong authorities say the national security law has restored stability after the mass pro-democracy protests of 2019, and that Lai has received a fair trial.

Erik Shum, representing Lam Man-chung, the newspaper’s former senior editor, said his client had played a "very limited role" and should receive a reduced sentence.

Judge Lee said such offences could, under certain provisions of the law, fall within the highest sentencing band, carrying penalties ranging from 10 years to life imprisonment.

Marco Li, lawyer for Chan Pui-man, the former associate publisher, said her limited responsibility for the print edition warranted a starting point of 10 years if the court placed her in the upper band.

• China expresses strong dissatisfaction over international criticism of Jimmy Lai guilty verdict

Lai’s health

Lai and his family did not submit mitigation letters, his family said, but his deteriorating health has featured in international calls for his release.

U.S. President Donald Trump raised Lai’s case with China’s leader Xi Jinping during a meeting in South Korea in October, according to Lai’s supporters. No response has been received. The two leaders are due to meet again in April.

In a video posted on social media on Tuesday, Lai’s daughter Claire rejected prosecution claims that her father had sought solitary confinement for his own protection.

"My father is in a cell on his own that is smaller and older than most," she said, adding that he had been denied outdoor exercise and held in a cell with a blocked window that allowed no sunlight.

Hong Kong’s Correctional Services Department said Lai’s custodial conditions were "secure, safe and humane", including adequate lighting, ventilation and outdoor exercise "when weather permits".

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Hong Kong Jimmy Lai National security law Press freedom Chine