Editorial | Jimmy Lai trial shows Hong Kong’s rule of law remains robust

The jailing of former media boss Jimmy Lai Chee-ying brings to an end one of the longest and most widely scrutinised criminal trials in the city’s history. Lai was sentenced to 20 years’ imprisonment for conspiring to collude with foreign forces and publishing seditious articles. The sentence reflects the gravity of his crimes.

He is the most prominent opposition figure to be convicted under the national security law passed by Beijing in 2020. Six former executives of Lai’s now-closed Apple Daily newspaper and two activists were also jailed, for up to 10 years.

Lai was found to have led plots to instigate sanctions against Hong Kong and mainland China and to have incited public hatred towards the authorities. This was no ordinary case. He was working to bring chaos in a bid to topple China’s government, posing a threat to national security. What he did to Hong Kong was extremely damaging. Deterrent sentences were required.

The court followed well-established sentencing principles. The three judges found the collusion offences to be of “a grave nature”, requiring a sentence of between 10 years and life imprisonment under the law. The court said the plots were premeditated, persistent and involved multiple parties. The timing of the offences, taking place when Hong Kong was still recovering from months of anti-government protests, and the fact that sanctions had been imposed were also taken into account. Their impact was still being felt, the judges said.

Lai was described as the mastermind and driving force behind the conspiracies. This was treated as an aggravating factor justifying a longer sentence. But the judges also gave a discount for his advanced age, health condition and voluntary solitary confinement. They took a balanced approach. Different considerations were carefully weighed by the court, which arrived at the sentences based on the law and the evidence. That is consistent with the role and responsibilities of Hong Kong’s independent judiciary.

But the sentence has, once again, led to the courts being subjected to unfair and unwarranted attacks by Lai’s supporters overseas, including foreign politicians. The damage to Hong Kong is still being done. Those attacks strike at the heart of the city’s independent judiciary. They cannot be tolerated. This case was about upholding the rule of law, not press freedom or democracy. The legal process must be respected.