Hong Kong court’s verdict in Jimmy Lai trial sheds light on law, experts say

The court’s verdict in former Hong Kong media boss Jimmy Lai Chee-ying’s trial has shed light on the ways in which implicit acts and actions taken before the national security law came into effect may constitute criminal offences, legal experts have said.

Lai, 78, was found guilty on all three charges he faced under the Beijing-imposed national security law on Monday, marking the first time a court had ruled on the offence of conspiracy to collude with foreign forces.

The landmark verdict was closely watched around the world, with particular scrutiny on how the three judges hearing the case would rule given that many of the actions presented during the proceedings predated the implementation of the law in 2020.

In their ruling, the High Court justices emphasised that Lai’s actions before the enactment of the legislation were not the subject of any criminal charges but only served as background to those he faced.

The judges accepted the prosecution’s argument that a defendant could still be criminally liable even if the agreement in question was lawful when entered into but later became illegal due to a change in the law, provided the agreement remained in effect afterwards.

They also rejected the defence’s submission to discharge Lai from liability for any earlier agreements rendered criminal by the national security law.

The judges said Lai had sought to operate in a “grey area” after the promulgation of the law, adopting “an implicitly disguised and subtle approach”.

“However, in our judgment, [Lai’s] change of strategy was in form and not in substance,” they said.

  

​Read More