Freedom Of Speech Is A Dangerous Job

On April 24, 2023, British Parliamentarians published a report on the situation of Jimmy Lai and media freedom in Hong Kong more broadly. Jimmy Lai, a British citizen, owner of the independent newspaper Apple Daily and pro-democracy and human rights defender, has been facing several questionable charges and has been subjected to Kafkaesque trials where the verdicts were clear long before the trials began. Jimmy Lai was first arrested for alleged “foreign collusion” and fraud in August 2020. He was released on bail. In December 2020, he was arrested on fraud charges related to the use of office space, a civil offense, and was denied bail. Subsequently, he was charged with allegedly conspiring and colluding with foreign forces to endanger national security under the controversial National Security Law (NSL). As Jimmy Lai commented upon the treatment he experienced, “freedom of speech [is] a dangerous job.”

The newly published report of the All-Party Parliamentary Group on Hong Kong presents a concerning picture of the prosecution-persecution of Jimmy Lai but also of the deteriorating state of media freedom in Hong Kong. As they found, “over recent years, media freedom in Hong Kong has been on a downward spiral. The situation deteriorated rapidly, and the crisis deepened significantly, following the introduction of the [NSL] and the targeting of Jimmy Lai and Apple Daily, under this law.”

Despite the assurances that the NSL was no different to any national security laws passed around the word, the report clearly shows that this is not the case. As the report clearly states, “The NSL has been used to stifle free media and to target individual journalists, which has crushed freedom of expression and media pluralism in Hong Kong. Whilst there is still some independent media operating in Hong Kong, the majority has been purged, and those still working, are unable to report freely on topics related to politics and democracy due to fear of reprisal.” Furthermore, contrary to what Hong Kong leader Carrie Lam said about the NSL, namely that “It will only target an extremely small minority of people who have breached the law, while the life and property, basic rights and freedoms of the overwhelming majority of Hong Kong residents will be protected. The legislation will not undermine ‘one country, two systems’ and Hong Kong’s high degree of autonomy”, the report shows that the NSL is a violation of basic rights and freedoms and has been weaponized to target pro-democracy figures and wipe out dissent.

British Parliamentarians indicated that Jimmy Lai “has been targeted not only by the NSL but also by a litany of other laws, in an attempt to silence his pro-democracy voice and make an example of him to discourage opposition and other pro-democracy advocacy. Jimmy Lai’s case exemplifies how the authorities have weaponized the law as part of a campaign to smear Jimmy Lai’s reputation to justify the way in which he has been targeted by Hong Kong authorities.”

Furthermore, the report shows that the handling of the cases against Jimmy Lai raises several concerns regarding due process and the Rule of Law. As such, the chances of Jimmy Lai having a fair trial in Hong Kong are non existent. Indeed, the report discusses several failings, including the right to liberty and not to be arbitrarily detained, the presumption of innocence, the right to necessary guarantees for defense, the right to a competent, independent and impartial tribunal, and the right to be tried without undue delay, as protected under international law.

The cases of Jimmy Lai and Apple Daily are emblematic of the wider situation of media freedom and the Rule of Law in Hong Kong, especially following the introduction of NSL. As British Parliamentarians found, “The current situation means that more journalists, pro-democracy advocates and others will be targeted with frivolous proceedings, utilized by the authorities solely for the purpose of silencing them.” While the case of Jimmy Lai received some international attention, many similar trials of journalists and pro-democracy advocates will be conducted “behind the closed door” and far from the media spotlight.

British Parliamentarians called upon the UK Government, but also its international partners, to act to address the situation and enforce the human rights guarantees affirmed in the Joint Declaration, in the case of Jimmy Lai and beyond. The silence in the case of Jimmy Lai will only embolden those seeking to silence pro-democracy voices across Hong Kong.