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Grenville Cross

As the national security trial of the former media magnate Jimmy Lai Chee-ying resumes in Hong Kong, his situation has been misrepresented elsewhere.
A London-based international legal team, led by Caoilfhionn Gallagher KC, styling itself as “international counsel for Mr Jimmy Lai and Mr Sebastien Lai”, has complained about Lai’s treatment in custody. It has also sought his immediate release, even though this is legally impossible.
Not only has Lai served less than half of his sentence of five years and nine months imprisonment imposed for fraud offences in late 2022, but he is in the middle of his trial in the Court of First Instance.
Not surprisingly, Lai’s lawyers in Hong Kong, Robertsons, have wholly distanced themselves from Gallagher’s activities.
In September, Gallagher contacted Alice Edwards, the UN special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, with a tale of woe.
Among her various complaints about Lai’s treatment in detention, perhaps the most significant was that he was being improperly held in solitary confinement, and that this was taking a toll. A related concern was that he was being denied “independent medical care”.


Separately, the UN Working Group on Arbitrary Detention issued an opinion on Lai’s case (Opinion No 34/2024), based on information it had received from an unidentified “source”. In what Gallagher hailed as “an excoriating ruling against the Chinese and Hong Kong authorities”, the working group expressed “its alarm” about the “prolonged use of solitary confinement” and urged “the government to immediately remedy the situation”.
However, what everybody overlooked was that Lai has himself chosen to be segregated from other inmates, for reasons of his own. On November 17, therefore, the government clarified that “the arrangement for Lai Chee-ying’s removal from association from other [persons in custody] has been made at his own request and approved by the [Correctional Services Department] after considering all relevant factors in accordance with the law”.
Far from arbitrarily isolating him from others, the Correctional Services Department has respected Lai’s wishes. If he were to change his mind, there is no reason to suppose he would not be allowed to associate with the other inmates.
Under the Prison Rules (Cap 234A), the commissioner of correctional services can order that a prisoner should not associate with other inmates for a month, which may be extended. However, this can only be done if he has reasonable grounds for believing the separation is desirable for the maintenance of good order or discipline, or in the interests of a prisoner (rule 68B).
After a month, the arrangement is reviewed by the commissioner. Throughout the process, he considers all relevant matters, including, as in Lai’s case, the representations of the individual concerned.

The suggestion, moreover, that Lai is being denied “independent medical care” is no less flawed. Everybody in detention is treated equally, and nobody is denied the medical treatment they need.
The Prison Rules require the Correctional Services Department to ensure that necessary and appropriate medical services are provided to everybody in its care. They stipulate in rule 143(a) that the medical officer “shall have the medical charge and shall be responsible for the treatment when sick of all prisoners”.
Every correctional institution has a hospital or sick bay where medical services are provided by medical officers seconded from the Department of Health and correctional staff with professional nursing qualifications. Anybody who requires specialist treatment, intensive care or surgery will receive it in a public hospital, and Lai is no exception.
Indeed, on September 27, Robertsons, on Lai’s instructions, made clear that he was being properly treated in detention (and had access to sunlight, there having been a suggestion otherwise by Gallagher’s team). It stated: “Mr Lai wishes to make known that he has been receiving appropriate medical attention for conditions suffered by him, including diabetes.”
However sympathetic people elsewhere may be to Lai’s situation, they owe it to their credibility to check the facts and present a true picture.


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Jimmy Lai Chee-ying

Those sympathetic to Jimmy Lai must stick to the facts

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Opinion

Hong Kong Opinion

News

Hong Kong

A London-based legal team’s claims about the treatment of the former media tycoon in prison ignore salient information


A London-based legal team’s claims about the treatment of the former media tycoon in prison ignore salient information.


Hong Kong national security law (NSL)

Hong Kong courts

Press freedom in Hong Kong

Human rights

Jimmy Lai trial

Expresses the views, ideas and conclusions of the author. (Eg. Enough of Crazy Rich Asians, think of crazy poor Hongkongers.)


Those sympathetic to Jimmy Lai must stick to the facts

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}A London-based legal team’s claims about the treatment of the former media tycoon in prison ignore salient information

A London-based legal team’s claims about the treatment of the former media tycoon in prison ignore salient information