'The trial of Jimmy Lai shows that no one is safe under Xi Jinping’s regime', Benedict Rogers

The wealthy media tycoon could have left China and lived comfortably in the UK or US – instead he chose to stay and speak out for freedom, democracy and human rights, writes Benedict Rogers. Now he is facing death in prison, we must all stand by him and develop international pressure for his release.

Jimmy Lai is the embodiment of Hong Kong’s story: rags-to-riches, a fight for freedom and a travesty of justice. When he went on trial yesterday, charged with colluding with foreign forces in violation of Hong Kong’s draconian National Security Law, Hong Kong went on trial too: its reputation for the rule of law, judicial independence and basic freedoms in tatters. Lai’s case is emblematic of Beijing’s all-out assault on Hong Kong’s civil rights – the dismantling of freedom of expression, association, peaceful assembly and press freedom.

Lai, who turned 76 earlier this month, is very likely to die in prison. Under the National Security Law, he faces a minimum sentence of 10 years in jail, and it is unlikely that the vengeful Chinese Communist Party regime will be lenient.

His chances of a fair trial are zero: the trial itself has been delayed multiple times, he has been denied bail, there is no jury, the judges are handpicked by the regime, and he has already been denied his choice of legal counsel, when the Hong Kong authorities refused to approve British barrister Tim Owen KC.

Even the start of the trial – a week before Christmas – is unlikely to be a coincidence: the authorities clearly hope that despite the initial flurry of international diplomatic, political and media interest, attention will wane as politicians, journalists and activists in London, Washington DC and other capitals go on holiday. We must not let that happen.

It is absolutely clear that the outcome is predetermined – only the precise length of his sentence is in doubt. And it is important to remember that Lai has already spent the past three years in jail, serving concurrent sentences for multiple other trumped-up charges. He has completed a 13-month sentence simply for lighting a candle and saying a prayer at a vigil to mark the 1989 Tiananmen Square massacre, and a 14-month sentence for participating in a peaceful protest in 2019.

On 10 December last year – ironically, International Human Rights Day – he was sentenced to almost six years in jail, on an absurd, completely fabricated and politically-motivated fraud charge. Accused of a lease violation for use of a personal office in the building rented by his newspaper, Apple Daily, a charge of fraud was designed to damage his reputation. The idea that the proprietor of a publication should not use office space in its building seems ridiculous, but even if technically there was a lease violation, in any normal legal system it would be a civil case and not an imprisonable crime.

Hours before the trial began, foreign secretary Lord Cameron issued a very welcome statement, calling for an end to the prosecution and Lai’s release. He described the prosecution as “politically motivated”, noting that Lai “has been targeted in a clear attempt to stop the peaceful exercise of his rights to freedom of expression and association.” The previous week, the foreign secretary met Lai’s son, Sebastien.

Yesterday in a debate in the House of Commons, the Foreign Office minister for Asia, Anne-Marie Trevelyan, acknowledged that Lai is a British national, and said the UK was pressing for consular access.

These are very welcome steps from the British government, even if they come rather late in the day.

Sebastien Lai has been requesting a meeting with the prime minister and the foreign secretary for at least a year, and despite calls for Lai’s release from prison by the United States, the European parliament and United Nations special rapporteurs, the United Kingdom has waited until now to join that call. Nevertheless, better late than never.

The key now is to sustain and develop international pressure for Lai’s release. The statements in the past few days, along with motions in both the Canadian and British parliaments, are important, but they must not be allowed to fade away. Strong rhetoric is needed, but it must lead to action.

Jimmy Lai is my friend. I have had the privilege of meeting him several times and enjoyed many conversations with him. He is an extraordinary and inspirational man, who came to Hong Kong at the age of 12 as a stowaway escaping famine in Mao Zedong’s China, built a series of successful businesses and then risked everything to speak out for freedom, democracy and human rights. At any point he could have chosen to leave Hong Kong and live his final years in peace in London, the United States, Taiwan or elsewhere, but he chose to stay and face the consequences. A devout Catholic, he now spends his hours in a prison cell praying and studying spiritual classics.

So, as we prepare to celebrate Christmas in the comfort of our homes, with good food, gifts and games with family and friends, let us remember Jimmy Lai, in solitary confinement, separated from his beloved family and on trial for his life. Let us ensure that the world is watching.

This article was published in The Independent on 19 December 2023.