Former member of the Hong Kong Basic Law Committee and professor at the Faculty of Law at the University of Hong Kong, Chen Hung-yee, recently published an article discussing the judicial procedures of common law. He believes that while the Hong Kong National Security Law (NSL) is a law enacted by the Standing Committee of the National People's Congress, it operates within the context of HK's common law system, and its criminal judicial procedures generally meet the standards of common law. The Jimmy Lai case reflects this reality.
Chen stated that the trial of this case was conducted openly, as advocated by common law traditions. The final judgment, which spans over 800 pages, provides detailed explanations of the relevant laws and evidence. The judgment also responds to each defense argument and legal point raised by the barristers representing the defendant.
The court has found Jimmy Lai guilty on two charges of conspiring to collude with external forces to endanger national security and a charge of conspiracy to publish seditious materials. In his article published by HK01, Chen noted that the court ruled that under common law, conspiracy is a continuing crime. Although the NSL does not have retrospective effect, if the aforementioned conspiracy existed before the law took effect and continued after its enactment, it would constitute a violation of the NSL.
Independence of the three senior judges beyond doubt
The article states that in this case, a large amount of testimony from witnesses, including senior management of Apple Daily, and material evidence, including texts from the internet and social media platforms, demonstrated that the conspiracy was clearly in existence before the NSL came into effect. One of the key rulings of the court was that there was sufficient evidence to show that the conspiracy persisted after the law took effect without termination. The judgment noted that while the defendant's relevant actions were somewhat restrained after the NSL came into effect, this was merely a "formal rather than substantive" "tactical adjustment," whereby the original intent was pursued in a more "indirect," "subtle," or "implicit" manner.
The article highlights that although the NSL is a law enacted by the Standing Committee of the National People's Congress, it operates within the common law system in HK. Its criminal judicial procedures largely align with common law standards, as shown in this case. For example, the panel of three judges responsible for the trial comprised senior judges well-versed in common law, whose professional competence, ethical conduct, and judicial independence are beyond question. They made their judgments independently based on the facts of the case and applicable laws, free from external interference. The judgment, written in English, cites numerous local and overseas common law precedents.
Chen further pointed out that the trial of this case was conducted openly in accordance with the traditions of common law. Members of the public and journalists were allowed to attend the proceedings, and the case received extensive coverage in both local and international media. As this case demonstrates, the common law system values witness testimony. Every prosecution and defense witness who testified in court was subject to rigorous cross-examination by lawyers from both sides. The defendant also testified in his own defense, exercising his right to self-defense. The final judgment, spanning over 800 pages, provides detailed explanations of the relevant laws and evidence and responds to each defense argument and legal point raised by the barristers representing the defendant.
Western countries treat collusion with foreign forces as a criminal offense
The article also notes that some foreign commentary on this case may involve a "double standard" issue. The crime of colluding with foreign forces to endanger national security is not a politically unique crime under the NSL. Many Western countries also treat collusion with foreign forces to harm national security as a criminal offense, with severe penalties.
Political parties and lawmakers: Severe punishment for anti-China forces necessary
Numerous political parties and members of the Legislative Council in HK stressed that safeguarding national security is the cornerstone of HK's sustainable development. They believe that the judiciary will deliver a fair judgment in the subsequent proceedings, demonstrating the rule of law and justice, while maintaining national security and the long-term prosperity and stability of HK.
The Democratic Alliance for the Betterment and Progress of Hong Kong issued a statement yesterday, emphasizing that Jimmy Lai has long used his media platform to incite hatred, collude with external forces to interfere in HK's affairs, and even openly advocate for splitting the country. The evidence presented in court is complete and conclusive, showing that his actions have caused irreparable harm to HK's social order and national security. The DAB believes the court should impose severe punishment in accordance with the law to set the record straight. They pointed out that harsh penalties for anti-China forces are essential to implementing the principle of "patriots governing HK" and closing loopholes in national security. This action will have a strong deterrent effect on any attempt to subvert state power or undermine HK's prosperity and stability.
The Hong Kong Federation of Trade Unions (HKFTU) stated that the trial of Jimmy Lai lasted 156 days, during which the prosecution and defense presented their arguments. Lai testified in his own defense for 52 days. The court ultimately found him guilty on all counts. The HKFTU described Lai as an "anti-China figure," the mastermind and instigator of the 2019 social unrest—HK's version of a color revolution—and a "proxy" and "pawn" of external anti-China forces. They stated that his crimes constitute severe threats to national security and called for the court to impose strict punishment, as leniency would be cruel to the country and its people.
Transparent trial, conclusive evidence
The New People's Party noted that during the trial, the prosecution submitted over 80,000 pages of documents and 2,200 exhibits. Neither party's legal representatives raised any complaints about unfair treatment. The court's 855-page judgment also demonstrates that the verdict was based on conclusive evidence. They emphasized that the strict prosecution of crimes endangering national security is a just act to safeguard national security. The transparent trial highlights HK's rule of law. The evidence is overwhelming, and the crimes are severe, posing significant harm. The party expressed confidence that the court will deliver a fair sentence after considering all factors, showcasing the dignity of the law while maintaining HK's long-term prosperity and stability.
The Business and Professionals Alliance for Hong Kong (BPA) stated that the Jimmy Lai case is a landmark case under the NSL. Lai has long colluded with foreign forces, incited secession, and subverted state power. The evidence against him is conclusive, and his actions pose a grave threat to national security while seriously undermining HK's legal foundations. The BPA noted that the court strictly followed the Basic Law and the NSL during the 156-day trial and reached its verdict through a rigorous and transparent process. The case demonstrates the professionalism and independence of HK's judiciary. The lawful trial of Jimmy Lai is a just act to safeguard national security and ensure the steady implementation of "one country, two systems." The initiation of sentencing procedures further underscores the seriousness and fairness of HK's judicial processes.
Legislative Council (LegCo) member Chan Hok-fung stated that HK is a society governed by the rule of law, and the NSL has laid a solid foundation for the city's prosperity and stability. He emphasized that any attempt to split the country or undermine HK's peace would fail due to the existence of the NSL. More importantly, the verdict serves as a strong warning, making it clear that any act of betraying the country or harming HK's interests will be met with severe legal consequences. He expressed confidence that the court will deliver a fair sentence, reinforcing the public's determination to safeguard national security and protect HK's stability, thereby injecting positive energy into HK's long-term development.
All charges proven, serious case
LegCo member Man Wing-yee stated that since Jimmy Lai's detention, some foreign media have sensationalized his "health condition." The SAR government recently issued a strong condemnation of a foreign media outlet accused of deliberately publishing false reports about Lai's health. The government reiterated that the Correctional Services Department has always prioritized the safety and health of inmates, providing appropriate and timely medical care. Lai's legal representatives also publicly stated during a court hearing in August last year that Lai has been receiving adequate treatment and has no complaints. Man emphasized that all charges against Lai for endangering national security have been proven, and the public should focus on the severity of the case rather than being distracted by so-called "health issues."
LegCo member Lee Tsz-king stated that evidence presented during the trial demonstrates the severity of foreign interference in HK's affairs. The prosecution repeatedly pointed out that Lai had requested foreign governments to impose so-called "sanctions" on the country and SAR. Such actions go far beyond the scope of press freedom and clearly involve collusion with foreign forces to endanger national security. He stressed that the Jimmy Lai case is purely a judicial case handled by the SAR in accordance with the law. He criticized the US and other Western countries for meddling and even threatening sanctions, calling such actions blatant interference in China's judicial sovereignty.
Eastern District Councilor Ting Kong-ho pointed out that the case reveals Lai was not merely a participant but a key planner, organizer, and financier behind the turmoil that swept across HK. He used his media conglomerate as a propaganda machine to incite hatred, divide society, smear the SAR and central governments, and lure young people into violent protests. He even advocated for "achieving justice through illegal means," pushing HK into the abyss of chaos. Ting noted that the trial of Jimmy Lai once again proves to HK citizens that the city is governed by the rule of law, where no one is above the law. Any attempt to challenge the legal bottom line or endanger national security is doomed to face justice.
(Source: Ta Kung Pao)
Related News:
Deepline | Justice over spectacle: Why Lai must face the full consequence
Deepline | Lai's conviction: A victory for justice, a blow to foreign interference
Comment