Sentences Handed Down in HK 47 Trial

Sentences were handed down in the largest NSL case to date

It is a dark day in Hong Kong, as pro-democracy activists, former politicians and academics were convicted of subversion for their roles in the unofficial primary they held in July 2020. 

Sentences range from just over four years to 10 years for legal academic Benny Tai Yiu-ting, who was deemed the mastermind of the primary in a bid to force then Chief Executive Carrie Lam Cheng Yuet-ngor to resign. Beijing saw it as a bid to take down the government.

The primary never happened as the elections were postponed claiming the pandemic as the reason, and 47 people were arrested in January 2021. In the end 45 of them were convicted, totally wiping out key figures in the pro-democracy movement in Hong Kong.

But to the three appointed judges, it did not matter the primary was successful or not: "It was submitted by some of the defendants that the ultimate consequences of serious interfering in, disrupting or undermining the performance of duties and functions of Hong Kong Special Administrative Region government depended very much on the Scheme being carried to the fruition and that would have never materialised. Hence in the present case they said even without disqualification or calling off the LegCo election, the scheme was bound to fail because the participants simply failed to secure sufficient seats," they wrote in the judgment.

"Whether the Scheme would ultimately succeed, it was not for this Court to speculate. What we were sure was that all the participants had put in every endeavour to make it a success."

In general, those who pleaded guilty were given lesser sentences of over four years, while those who claimed they were not guilty were handed heavier ones. For example, Joshua Wong Chi-fung got four years and eight months by pleading guilty, whereas Gwyneth Ho Kwai-lam got seven years pleading not guilty.

But Tai entered a plea of guilty and got the heaviest sentence of 10 years, as the judges believed he instigated "the Scheme". 

As they have all been in custody without bail for over three years, some of them will be released on a year or so.

Many members of the public came to see the people in the dock. Former politician Claudia Mo Man-ching is 67 years old and was sentenced to four years and two months. Her husband, Philip Bowring is in ill health, which the court acknowledged, but would not reduce her sentence. Hopefully he can hang on until she is finally released.

There are also concerns about the health of "Long Hair" Leung Kwok-hung who is 68 years old and was sentenced to six years and nine months. The court did not describe him as having "a positive good character" as he has had a track record of protesting against the government over the years, hence the longer sentence.

The trial was meant to show those who dare to criticise the government can face a similar fate. 

"If you are being critical of the authorities both in Hong Kong and in China, then it's open season," said Steve Tsang, a Hong Kong-born political scientist and director of the SOAS China Institute in London.

"I think that this case will be seen by many in the international community as the final nail in the coffin for the rule of law in Hong Kong," said Thomas Kellogg, the executive director of the Georgetown Center for Asian Law.

Meanwhile Secretary for Security Chris Tang Ping-keung said the sentences showed those who committed national security crimes must be severely punished.

When Joshua Wong was leaving the courtroom, he shouted, "I love Hong Kong, bye bye!"

It's not over yet -- tomorrow Jimmy Lai Chee-ying's trial continues...

Jimmy Lai's Trial Finally Begins

Lai has been remanded in custody for more than 1,100 days

All eyes are on West Kowloon Law Courts today as media tycoon Jimmy Lai Chee-ying's national security law case is finally underway after numerous postponements.

Many people came out to witness the court case, Lai's wife Teresa arrived along with one of their sons; retired Catholic leader Joseph Zen, and pro-democracy politician Emily Lau Wai-hing. 

Grandma Wong being escorted by police

Members of the public were also keen to watch the proceedings first hand. A 29-year-old who gave her name as JC was first in line, having braved the chilly weather in front of the court since 10pm the night before, while the second person in line, a man surnamed Sung arrived at 4am.

Staff from the consulates of New Zealand, Australia, Switzerland, Canada and the United Kingdom were on hand to observe the proceedings as well.

Some people were shocked to see Secretary for Security Chris Tang Ping-keung had 1,000 police officers around the court house to prevent any disruption. But the case has been so heavily advertised that the government wants to have a massive show of force for such a high-profile case. 

Grandma Wong was in front of the court house with her UK flag screaming, "Support Jimmy Lai! Support Apple Daily!" The police tried to move her across the street in a bid to remove her as a distraction, but the media followed.

Already the defense has launched the argument that the sedition charge against Lai should be dismissed as it was laid after the permitted prosecution time frame. Senior Counsel Robert Pang Yiu-hung argued the sedition charge was under a colonial-era law, and not the national security law. 

Members of the public were keen to watch trial

Pang said the prosecution had passed the time limit for charging Lai, as the colonial-era sedition law states charges must be laid within six months of the alleged offense, which in this case would be from April 1, 2019 to June 24, 2021.

As a result this issue must be resolved before the case can continue. Three judges appointed by the chief executive are presiding over the case: Madam Justices Esther Toh Lye-ping, Susana D'Alamada Remedios, and Mr Justice Alex Lee Wan-tung.

Meanwhile in the last few weeks, Lai's son Sebastien has been rallying politicians, in particular Foreign Secretary David Cameron, lobbying them to push for his father's release, as he is a British citizen.

Security Minister Looks Ahead to Jimmy Lai Trial

Lai has been remanded in custody for almost three years

When Jimmy Lai Chee-ying's trial finally gets underway on December 18, the Apple Daily media tycoon will have been remanded in custody for almost three years. 

In this case he is charged with sedition and conspiracy to collude with foreign forces when he allegedly called for international sanctions against Hong Kong and Chinese authorities, and inciting public hatred during the 2019 protests.

Tang claims HK government will be smeared

Interesting that Secretary for Security Chris Tang Ping-keung says the upcoming open hearing will reveal the extent of the "bad" crimes Lai had allegedly committed.

"When. you look at all the details as disclosed, you will see how bad they are. Let's wait and see [for] yourself," Tang told a Hong Kong media outlet.

Whatever happened to government officials declining to comment because the case was in the courts?

Tang also warned that the case would draw international attention and that foreign politicians may target local efforts to outlaw more national security offences under Article 23 of the Basic Law that the government aims to enact next year.

"I'm sure they will make use of this as another excuse to smear our government and to smear our country... It's a must. It's anticipated," he said.

Tang like Lam (above) has lots of cash

As if to further illustrate his point, Tang added that because of sanctions, he was unable to have a bank account, much like former chief executive Carrie Lam Cheng Yuet-ngor.

Due to this "inconvenience", he said he had to adapt to using cash all the time.

"Because I have no bank account, right? So all my auto-pay had been paralysed," Tang said. "But I would say, compared with the national interest, this small inconvenience is nothing. Actually, I feel proud to have a chance to serve my country and serve my Hong Kong."

His patriotism knows no bounds...

1,000 Days in Solitary Confinement

Lai's son Sebastien has been traveling around to rally support

One thousand days in jail. Most of us have no idea what that is like, but that is how long Apple Daily founder Jimmy Lai Chee-ying has been behind bars. 

He was supposed to go on trial earlier this week for his alleged offences against national security and sedition, but it has been now further postponed to December 18. This original trial was supposed to start December 1, 2022, then to December 13 of the same year, then to September this year and now December.

By that point he will have been in solitary confinement for three years before the trial has even begun.

Lai has been in jail since December 2022

Meanwhile his son Sebastien has been touring around trying to drum up support. He has pleaded in Britain for government officials to take up Lai's case as he is a British citizen, but to no avail; they have rebuffed his requests for meetings.

Sebastien Lai has attended various journalism conferences in Europe talking about his father and the need to defend freedom of the press. For this he has received sympathetic ears from editors and journalists, but not many understand the complex situation in Hong Kong and the changes that have happened there.

At 28-years-old, Sebastien Lai is doing his best to publicise his father's case, but has now raised fears of his father's health.

"I don't want to see my father die in jail. He's 75, he's in prison, he does risk just dying. It is very worrying," he said.

Lai's son has seen pictures of his father taken by an Associated Press photographer, when the Hong Kong businessman was led out by guards to have his daily exercise in the maximum-security prison.

Sebastien worried about his father's health

"Some part of me was happy because he's still the same... [but] it also reminded me of his age," Sebastien Lai said. "You never know what's going to happen tomorrow at that age."

However, his father is known to have a strong sense of conviction and belief in God. 

One only wonders how he manages to pass the time and retain his sanity...

Star Prisoner get Paparazzi Treatment

AP has captured Lai's movements in Stanley Prison

The Associated Press has released an exclusive series of pictures documenting Apple Daily founder Jimmy Lai Chee-ying at Stanley Prison.

The 75-year-old is in solitary confinement for 23 hours a day, and is allowed 50 minutes of exercise per day -- by himself. This punishment is for a Category A prisoner, a status usually reserved for those who have committed serious crimes like murder.

In the pictures Lai wears prison-mandated short-sleeved shirt, shorts and his own sandals. He looks like he has lost some weight. The government is making it harder for the media to take pictures of inmates, even during court appearances, where the prisoners must go through a covered walkway to and from the prison vehicle.

Lai is in solitary confinement for 23 hours a day

Lai is a British national, who is accused of colluding with foreign forces to endanger national security, and conspiring to call for sanctions or blockades against Hong Kong or China. He also faces a charge of conspiracy to print seditious publications under a colonial-era law.

He was scheduled to go to trial last December, but it was postponed to next month, while the Hong Kong government appealed to Beijing to block his attempt to hire a British defense lawyer.

Each month, Lai is allowed two 30-minute visits by relatives or friends where they are separated by a piece of glass and they speak on a phone.

Meanwhile his son Sebastien is traveling to democratic countries, advocating for his father's release. Even though he is not in Hong Kong, Sebastien is very cautious about his movements.

"My father is in prison because he spoke truth to power for decades," Sebastien said in May in a statement to a US government panel, called the Congressional-Executive Commission on China.

Lee doesn't speak to reporters after verdict

"He is still speaking truth to power and refusing to be silenced, even though he has lost everything and he may die in prison," he said. "I am very proud to be his son."

How his father, a diabetic who is also suffering from high blood pressure continues to keep his head up high is a result of his strong will and Christian faith.

Today Lai and six others were cleared of instigating the 2019 protests, though their convictions and sentences are upheld. 

The others are barristers Margaret Ng Ngoi-yee, Martin Lee Chu-ming, labour activists, Lee Cheuk-yan, Leung Kwok-hung, and former lawmakers Cyd Ho Sau-lan and Albert Ho Chun-yan.

HK Near Bottom of Press Freedom Index

This year's press freedom map, with HK as "difficult situation"

Today is World Press Freedom Day.

The World Press Freedom Index was released and Hong Kong has risen slightly to 140 from 148 this year, while China is at 179, just above North Korea at the very bottom of the list.

Put into perspective, Hong Kong is behind Colombia and Cameroon, but above Somalia and Brunei. 

The city's ranking plunged last year after the national security law was implemented in 2020 -- that is in stark contrast to when Hong Kong was ranked as high as 18 in 2002 when the World Press Freedom Index was first released. 

Ranking of all the countries from Norway as No. 1 to North Korea at 180

"The slight rise in the index this year is mostly due to the fact of adjustment in the index after [a] sharp drop of 68 places last year -- at the same time, Hong Kong has scored lower or the same as last year in three of five indicators... and the most notably the lowest in the legal factor," Cedric Alviani, East Asia bureau director of Reporters Without Borders [RSF] said.

The "legal factor" Alviani is referring to is the trials of editors and reporters at the defunct Apple Daily and Stand News. 

He said the watchdog recorded 13 "press freedom defenders" detained under "trumped up charges".

Most notably in the last few weeks there has been a concerted campaign by Apple Daily founder Jimmy Lai Chee-ying's lawyers and his son Sebastien to raise awareness of the tycoon and how Lai has already served one of his sentences for illegal assembly and is serving another sentence of five years and nine months for a fraud case. His trial for allegedly violating the national security law will start in September.

Alviani notes the deteriorating situation in HK

"In the past month -- and week -- we have also observed cases of media outlets being barred from reporting on official events, while a few journalists including from independent online media outlets have been followed," Alviani said.

He also noted the increasing number of journalists in exile, including those who made "a very difficult decision to leave their home due to increasing pressure from the government" for places including the UK and Taiwan.

Alviani said the slight change in Hong Kong's ranking in the index should not be seen as an improvement, but rather the ranking movement of other countries and the index adjustment.

Journalism is not a crime.

Journalism is not a crime.

Journalism is not a crime.

It's Been a Year...

Miss this amazing view and walk along the harbourfront

In a few days it will be exactly a year since I had my last gourmet meal at Salisterra in the Upper House, a special treat from a good friend, who then escorted me to Hong Kong International Airport. I hugged him and an ex-colleague, thanking them for all their help, and entered the security line, then used my HKID to leave one last time.

The first leg of my trip was to Singapore and then a 10-hour layover (overnight) before flying to Vancouver.

A practically empty airport last April

My almost two years of planning for this exit came to fruition, and then what?

It's been quite the transition, from cleaning out my room to make room for my Hong Kong stuff, trying to get my driver's license sorted (it was a tedious ordeal), still having yet to find a family doctor like every other person in Canada, and reaching out to friends who were still traumatised by Covid.

All the while I have been watching what's been happening to Hong Kong on social media, feeling FOMO missing out on fabulous dinners and events I used to attend, but also feeling sad at watching the city I love being emptied out by migration or prosecution, while the authorities are claiming everything is fine.

I miss the 10K walks I did almost every evening from Kennedy Town to Wan Chai and back, the good friends I made over the years, the contacts I had built up over the years who trusted me to tell their stories, and the amazing food I ate, from hole-in-the-wall noodle shops to decadent Michelin-starred dining.

When I watch people's videos of Hong Kong streets on social media, I can imagine myself when I was there. 

Pureed potatoes with a giant dollop of caviar

Perhaps watching these videos and looking at people's pictures makes it harder to adjust to Vancouver? When I watched the documentary film, Revolution of Our Times, it immediately took me back to the 2019 protests, the massive turnout of people in the initial marches in June, and then after the July 1 march seeing videos of protesters with make-shift tools to barge their way into the Legislative Council.

It reminded me of spending my evenings scrolling through Twitter to see what was happening in the front lines and the next morning furrowing my brow at the government's response. I furrowed my brow everyday which has left a permanent wrinkle on my face.

"One country, two systems" came to a head, and Beijing decided something had to give, and it was two systems into one, as signalled by the implementation of the national security law at midnight, July 1, 2020.

Since then Hong Kong has irrevocably changed, from media organisations shuttering and civil society groups disbanding, to activists, lawyers and lawmakers fleeing abroad or risking arrest. Those left behind are currently behind bars, the vast majority remanded in custody. 

Protest scene from Revolution of Our Times

The likes of Jimmy Lai Chee-ying and Joshua Wong Chi-fung have been silenced, the media only able to report what has happened to them in the legal system and not what they have said.

Rationally I know I did the right thing, but emotionally it's hard to reconcile.

Because of Covid it took me a while to reach out to people I know here. Some are still terrified to meet or aren't as interested in meeting up. Luckily I have wonderful relatives who are more than happy to meet, including one cute little puppy.

However I can't lie -- I miss the warm weather, the convenience of public transport and the ability to go out late at night by myself and not be worried about my safety. The increased random attacks in Vancouver on buses and trains and even on sidewalks is very scary, which makes me wonder why things have gone so downhill in the city.

But then I am reminded of the rights and freedoms I have here, and am definitely not going to take them for granted.

Review: Indelible City: Dispossession and Defiance in Hong Kong

This book is part history, part memoir

There are several books about the 2019 protests and Louisa Lim's Indelible City: Dispossession and Defiance in Hong Kong combines numerous threads that are subtly woven through the chapters and then magically come together into a striking record. 

One thread is Lim's family history and childhood in Hong Kong, another is her interest in a crazy artist nicknamed the King of Kowloon who painted childlike graffiti all over the city, and the last thread about Hong Kong's history and how the once barren rock transformed into an international metropolis thanks to British policies and the sheer hard labour of the Chinese, mostly refugees.

Throughout its entire history, Hong Kong's people were never given a say of their fate. In the negotiations leading up to the signing of the 1984 Joint Declaration by British prime minister Margaret Thatcher and paramount leader Deng Xiaoping, there was another group tangentially involved -- the Unofficials.

Author and journalist Louisa Lim

They were a small group of local elites who tried to advise the British to not trust the Chinese, but they were completely sidestepped and felt betrayed. 

The proof is in a series of confidential interviews these Unofficials gave to Hong Kong political scientist Steve Tsang in the 1980s and 1990s with the promise they would be kept secret until 30 years later, which is now.

Lim read every single page and distills how the Unofficials felt at the time, betrayed by the British despite their loyalty, and trying to keep a brave face in front of the public as all their negotiations were to be top secret -- not even their wives or friends were to know what was discussed.

And it is interesting to note how these Unofficials' fears of what would happen to Hong Kong have come true, how the vagueness of the Basic Law would lead to Beijing interpreting it, and not give Hongkongers the rights they were promised, which have led us to where we are today.

Another fascinating read is when she recalls the time she was a reporter at TVB during the 1997 handover. The TV station had planned programming to the minute for up until the handover ceremonies were held, but then were completely lost the following days afterwards as to what they should focus on, much like the city trying to feel its way with the Basic Law as its new constitution.

She also interviews the last governor of Hong Kong, Chris Patten, now decades later on looking back on what happened to the city. His response was far from the polished politician he usually is.

Tsang with his numerous graffiti writings

The book then moves fast forward to 2014 and the Umbrella Movement, how it was such an extraordinary protest at the time for the city, but also marked the beginning of the authorities using lawfare -- weaponising the law against defendants like Benny Tai Yiu-ting and Joshua Wong Chi-fung.

Lim notes how the movement, which paralysed the city for 79 days, ended so abruptly that protesters found it difficult to process and figure out what to do next.

That came five years later in the 2019 extradition protests that exploded into months of protests on the streets. Lim shuttled back and forth between Melbourne and Hong Kong to cover the protests periodically. Not only was she trying to cover them as a journalist, Lim was trying to process it all as a Hongkonger -- what was happening to her city?

It's something many of us were grappling with as we watched the street battles, the violent clashes, the blank-faced government officials and the determined protesters day after day. 

Meanwhile Lim also weaves into the book her obsession with Tsang Tsou-choi, a poorly-educated man who believed Kowloon belonged to his ancestors and thus him, and began protesting by painting crude Chinese calligraphy on government property. In a way it was also his way of marking his territory.

She recalls how he was written off as a madman and then suddenly became a superstar, his work even exhibited at the Venice Biennale in 2003 and auctioned off by Sotheby's the following year. 

The early extradition protests in June 2019

To Lim in a quirky way he represented Hongkongers fighting for their rights, and how he is an important part of the city's art development and culture.

Sadly she notes how Beijing has a strong hand over Hong Kong in the last few years, observing how the government labelled the protesters as "rioters", thus changing the narrative, and brutal police tactics seemed to have repeated how protests in Chengdu were shut down in 1989.

And she mourns how press freedom ended the day Jimmy Lai Chee-ying was arrested, followed by the swift demise of his paper, Apple Daily.

"A million copies were printed for this city of 7.5 million. They sold out. The next day the newspaper's entire archive vanished from the internet. As Beijing imposed its narrative control by force, it was simply too dangerous for other versions of the past to exist," she writes.

Indelible City is an incredible book, deftly weaving these threads together to create a page turner for anyone who is interested in Hong Kong and its history. 

Many times I found myself nodding my head in agreement or thrilled to read someone else had come to a similar observation or conclusion as me. I was not the only one.

Hong Kong Activists Nominated for Nobel Peace Prize

Hong Kong activists have been nominated for the Nobel prize

A bipartisan group of US lawmakers have nominated several Hong Kong pro-democracy activists for the prestigious Nobel Peace Prize.

They include Cardinal Joseph Zen, Apple Daily founder Jimmy Lai Chee-ying, and Joshua Wong Chi-fung of the now defunct Demosisto.

New Jersey Republican representative Christopher Smith, and Senator Jeff Merkley, a Democrat from Oregon, nominated the group "because they are ardent champions of Hong Kong's autonomy, human rights and the rule of law", according to the statement by the lawmakers.

Smith and Rubio are part of the CECC

Smith and Merkley lead the Congressional-Executive Commission on China, which advises the US Congress on policy towards China. Other members of the group include representative Jim McGovern, a Massachusetts Democrat, and Senator Marco Rubio, a Florida Republican.

They also nominated journalist-turned-politician Gwyneth Ho Kwai-lam, Tonyee Chow Hang-tung, a lawyer for a disbanded civil society group, and labour activist Lee Cheuk-yan.

"The nominees are representative of millions of Hongkongers who peacefully opposed the steady erosion of the city's democratic freedoms by the Hong Kong government and the government of the People's Republic of China," said the statement.

"Through the nomination, the members of Congress seek to honour all those in Hong Kong whose bravery and determination in the face of repression has inspired the world."

All the nominees have been charged under the national security law that was imposed on Hong Kong in July 2020.

Wong and Zen are two of the Nobel nominees

This is not the first time Hong Kong pro-democracy activists have been nominated for the Nobel Peace Prize -- Rubio and other CECC lawmakers nominated the entire opposition movement in 2021 in response to the national security law.

If anything this announcement brings attention to the plight of these nominees, almost all of them still in jail for around two years with no chance of bail, except for Zen. The 91-year-old was recently allowed to attend former Pope Benedict's funeral in the Vatican; after Zen returned he was in hospital for a few days because of breathing difficulties.

Jimmy Lai's Next Digital to be Delisted

Next Digital will be delisted from the HK Stock Exchange

Another nail in the coffin for Next Digital -- the company that Jimmy Lai Chee-ying founded in 1990 will be delisted from the Hong Kong Stock Exchange on January 12 at 9am.

Lai was arrested in August 2020

When Lai was arrested in August 2020 and then the newspaper he founded, Apple Daily, shut down for good in June 2021 because Next Digital's HK$18 million (US$2.3 million) in assets were frozen by the authorities, it was only a matter of time before the company would be delisted. It is also in the process of being liquidated.

Many will never forget the day 200 police officers descended on the Tsueng Kwan O office and paraded Lai in handcuffs around the office. It was a blatant threat, but the staff knew what to do -- report the story in real time. 

Why not -- they had a front row seat and they were part of the story too.

They invited the media in on June 24, 2021, their last day of printing, knowing it was an historic moment that had to be recorded for everyone to remember.

Lai owns 72 percent of the company's shares, while his ardent supporters propped up the stock a few times towards the end.

Last edition of Apple Daily in June 2021

When Lai was arrested for allegedly colluding with foreign forces on August 20, 2020, the stock rallied from HK$0.75 to HK$1.96 that day. 

Then the authorities froze Next Digital's assets on May 17, 2021, along with Lai's bank accounts; that led to the suspension of share trading.

But four days later trading resumed and the stock opened 141.9 percent higher to HK$0.45 and rallied to HK$0.80.

Delisting Next Digital is just a formality, but memories of Apple Daily, Next Digital and Lai will long be remembered.

CE to Decide on NSL Legal Representation

Lai had hired King's Counsel Tim Owen to defend him 

After Hong Kong's highest court allowed Apple Daily founder and publisher Jimmy Lai Chee-ying to have British national Tim Owen to represent him in a national security trial, the government asked Beijing for an interpretation of the law on this.

What was the verdict?

Hong Kong's chief executive, specifically John Lee Ka-chiu can decide on this matter once and for all -- and that the decision could not be appealed in court.

HK's high court had allowed Owen in NSL case

Well that settles it then... quite obvious on how Lee stands on the issue and is more evidence of the rule of law being further eroded.

"Hong Kong is to be governed by a decision-making body that works secretively and whose decisions are not to be challenged in court. The repercussions on Hong Kong's rule of law are clearly far-reaching," said Ling Bing, a Chinese law specialist at the University of Sydney.

Michael Davis, formerly of the law school at the University of Hong Kong, said he viewed the interpretation as creating further avenues for the local government to "dictate outcomes on critical issues before the court".

"The court will now face the prospect of a committee overruling it if it does not rule in favour of the prosecution when national security is raised," he said. 

"That will surely weigh heavily on every decision where national security issues are raised by the government."

Lee will now decide on Lai's legal representation

Davis also warned the expansion and strengthening of the government's power would have repercussions for the rule of law and free expression.

However, Professor Albert Chen Hung-yee, a constitutional law expert at HKU, said the interpretation didn't give the chief executive more power, but that the city's leader and the oversight committee already had this authority.

In any case, it does not bode well for Lai and the cause for democracy in Hong Kong.

The goal posts are constantly shifting, and for the benefit of the pro-establishment. 

Hong Kong's Nightlife Perks Up

People visiting bars and nightclubs no longer need RAT tests

Hong Kong's re-opening continues with bars and nightclubs thrilled at the news that its patrons no longer need to show a negative rapid antigen test to enter, or at cinemas, museums, amusement parks and performance venues. 

While the cap on banquets at 240 people has been lifted (how did they even come up with that number?), the rules that a maximum of 12 per table and wearing masks in public still remain.

Lee will visit Beijing on Wednesday

It seems the Hong Kong government doesn't seem to care how the lifting of social-distancing measures has had on the healthcare system, with over 14,500 new infections, 4,105 need to be hospitalised. That said there are 41 patients in ICU.

Chief Executive John Lee Ka-chiu warned the number of people receiving hospital treatment surged to over 4,000 -- four times the figure of when arrivals to Hong Kong underwent "0+3".

"The consideration is that we have to gradually open up while putting the risk under control," he said during a press conference announcing he would travel to Beijing on Wednesday until Saturday.

On the agenda? Talks to reopen the border with China, and ask about the progress for Beijing for its interpretation of the national security law on whether overseas counsel were allowed to take part in relevant cases, and in this case Jimmy Lai Chee-ying.

But back to the lifting of Covid-19 rules -- people can finally freely patronise bars and nightclubs, and restaurants and hotels are doing brisk business, why is it that people can't gather to watch fireworks still?

The government released a notice saying the 2023 Lunar New Year fireworks display would be cancelled. 

Yet another lunar new year without fireworks

"While there have been adjustments to the anti-epidemic measures recently, allowing the staging of more large-scale activities in society, this year's Lunar New Year Fireworks Display could not be organised in time, as it normally takes two to three months to arrange," it said.

Seems like the government was either caught completely off guard by the recent developments or it's a cost-saving measure. Either way it has sucked out the fun of the upcoming Year of the Rabbit already.

Good News and Bad News

Victor Chen perfectly encapsulates Leave Home Safe app

I was going to write that Hong Kong was the last place on earth to mandate using a Covid-19 tracking app, but just a few hours ago the government has decided residents don't need to scan the dreaded QR codes everywhere they go, but must show their vaccination records at restaurants.

Not only that -- when people arrive in the city and test negative, they are free to go anywhere they wish -- no more getting takeaway food and staying at home for three days. 

The Hang Seng Index immediately shot up to over 19,000 points upon news of the announcement.

Lo looks silly for defending the unnecessary app

Secretary for Health Dr Lo Chung-mau will have to explain himself on why he was so insistent that the Leave Home Safe app was here to stay forever when the winds across the mainland were about to change. Did he not get the memo or was he trying to keep up the appearance that Hong Kong was on a different track than China?

Christmas and New Years is going to be bustling business for Hong Kong, but restaurants and retail have been badly battered by the last three years, some barely surviving, others going gangbusters.

Now the next question is when the border between the mainland and Hong Kong will reopen, and at this rate one may assume before Chinese New Year (January 22). 

Another person desperately trying to show his faithfulness to Beijing is Secretary for Security Chris Tang Ping-keung. He accused Google of "double standards" when the tech giant refused to ensure the Chinese national anthem is at the top of the search result following several blunders in international rugby matches where they played the 2019 protest song Glory to Hong Kong instead of the Chinese anthem, March of the Volunteers.

Tang insists that Google obey HK government

"Google claimed it could not accede to our request because [the search results are determined by] algorithm and it cannot do anything with it," he said. "But it has been widely known that anyone who wants their information to be seen by more people could spend money on adverts to get their posts promoted. The claim by Google that its hands are tied is incomprehensible and I am sure Hongkongers would find it unacceptable."

Why not spend money on buying adverts on Google then? The Hong Kong Tourism Board has been desperately throwing money around to promote the city as being back in business...

Or as activist investor David Webb has suggested, as Hong Kong has its own flag and currency, why not give the city its own anthem? 

Tang's flogging a dead horse -- time to move on. No one is listening.

Meanwhile it is heartening to hear the former editor-in-chief of the now defunct Stand News is out on bail after being remanded in custody for almost a year on sedition charges.

Ex-Stand News chief editor now out on bail

Chung Pui-kuen, 53, paid HK$100,000 cash bail with a surety from his brother of HK$50,000 after the judge assessed Chung would not be a national security threat.

However his travel documents were suspended and he is not allowed to give media interviews. 

His lawyer, Senior Counsel Audrey Eu Yuet-mee said in court that Chung would not be a flight risk as his wife, Chan Pui-man was also remanded in custody regarding the now defunct Apple Daily on charges of collusion with foreign forces.

Chung's colleague, former acting editor-in-chief Patrick Lam Shiu-tung, 35, and Stand News' holding company Best Pencil (Hong Kong) Limited are accused of conspiracy to publish seditious publications. Lam was granted bail last month.

But things are getting worse for Jimmy Lai Chee-ying, founder of the defunct Apple Daily.

Lai's NSL trial not until September 2023

He was sentenced to 69 months (five years and nine months) and a HK$2 million fine for breaching a commercial lease contract that somehow has morphed into criminal fraud. 

Not only that, he has received word that his national security trial won't be heard until September next year, as the Hong Kong government is waiting on Beijing for an interpretation of legislation on whether Lai is allowed to have foreign representation in court.

Meanwhile his son Sebastien, who is based in Taiwan, is calling on the UK government to take action, as his father is a UK national.

"My dad is a British citizen who has done nothing wrong. I call on the UK Government to take urgent action to protect my dad immediately and secure his freedom. The UK must do all it can to stop this, and do it now," he wrote in a statement.

Unfortunately Lai is at the bottom of the UK government's to-do list but will Lai make it through mentally and physically? Not everyone has his patience and determination.

Legal Win for Jimmy Lai

Lai's legal team has a boost with well-known UK barrister

A big win for Apple Daily founder Jimmy Lai Chee-ying -- to have his request granted of having a prominent British barrister represent him in his upcoming national security law collusion trial.

The Court of Appeal made the ruling on Wednesday, following a decision by High Court Chief Justice Jeremy Poon Shiu-chor last month to allow King's Counsel Tim Owen from London to join Lai's legal team for public interest.

Owen's participation was opposed by the Department of Justice and the Bar Association, but the latter did not lodge an appeal against the chief judge's ruling.

Owen has worked on many cases in Hong Kong

The department argued that overseas counsel could not explain to judges new perspectives on the national security law, that was imposed by Beijing in June 2020, as they lacked a full understanding of the city's unique socio-political and constitutional context.

In other words they claimed he was an outsider who did not have a full appreciation of what was going on in Hong Kong at the time.

But the appeal court dismissed the argument, saying: "The forthcoming criminal trial is a high profile case attracting substantial publicity locally and abroad. It involves the resolution of legal issues of great general public importance that would impact substantially on the development of [national security law] jurisprudence and sedition offences," Wednesday's judgment said, without identifying the author.

"Public perception of fairness in the trial is of vital importance to the administration of justice. The court must adopt a flexible and sensible approach to arrive at a decision that would best suit the public interest in this application."

High Court Chief Justice Jeremy Poon

The 74-year-old Lai will stand trial next month before a three-judge panel in the Court of First Instance on charges of conspiracy to collude with foreign forces and conspiracy to publish seditious material.

Prosecutors are accusing Lai of conspiracy to attract foreign sanctions or blockades against city and mainland Chinese officials through pieces published by his now-closed Apple Daily newspaper, as well as through a lobbying group he is alleged to have directed and financed behind the scenes.

Owen is no stranger to Hong Kong, having worked on several high-profile cases, including Rurik Jutting, an ex-British banker who was convicted of murdering two women in 2016, and the highest ranking officer among seven policemen prosecuted for assault on a protester during the 2014 Umbrella Movement.

The department must be fuming, and by extension the government. Some pundits on Twitter think the authorities may change the rules to prevent Owen from representing Lai but the timing might be too late for that.

This development has shown it is possible to get decent if not really good representation in court.

By the same token it also helps if you yourself refuse to go down without a fight, as in the case of Chow Hang-tung, who is remanded in custody and is facing two national security law charges including subversion.

Chow fighting every legal avenue from jail

She was a part of the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which organised the Tiananmen Square candlelight vigil every year in Victoria Park for 30 years. 

For that Chow says it is impossible for her to plead guilty she said in court. "Pursuing democracy is not a crime. I plead not guilty." 

A trained lawyer, Chow is defending herself and is methodically fighting whatever legal avenue she can think of, including making 15 bail applications for the two cases, but all have been denied.

But she did get a big win -- to allow the media to report on pre-trial hearings for national security law cases. Not only does that allow the media to report on how the national security law is applied, but also see the physical state of the accused in court.

Chow also uses the opportunity to shout out her slogans to the gallery, "Do not forget June 4. Resist till the end!" in a bid to publicise the goals of the movement.

Her biggest fear is not jail itself, but the world becoming indifferent to increasing abuse.

She seems prepared for the long fight along with Lai. They are not going gently into the good night.

Jimmy Lai the Hongkonger

Lai believes he is sacrificing himself for the greater good

This afternoon I went to the screening of The Hong Konger, a documentary about the life of Jimmy Lai Chee-ying, how he smuggled himself on a boat to the city and became a tycoon who is now in prison on national security law charges.

The 73-minute film was screened at the Vancouver International Film Festival Centre on Seymour Street downtown. When ticket holders entered they were immediately greeted with June 4 literature from the Vancouver Society in Support of Democratic Movement, a local activist group that not only organises the annual candlelight vigil that marches up Granville Street to the Chinese consulate, but also helps Hongkongers immigrating here.

While waiting for the film to start VSSDM showed a video of its various activities through the years... tedious, but for the group a good document of what they have done.

The event started almost 15 minutes late, and I was disappointed to find out Sebastian Lai, Jimmy Lai's son would not be here, but instead gave a video message.

He was purposely paraded around the newsroom

Shot on his phone, Sebastian Lai tried hard not to identify his surroundings but briefly said in an English accent how his father was principled and he would not go to prison if he did not think it would be for the greater good, for fighting for democracy.

The Hong Konger was produced by Acton Centre, an American think tank based in Michigan, which probably explains why two of the major talking heads was a former US Consul-general and another diplomat, while former governor Chris Patten is in it, along with Benedict Rogers of Hong Kong Watch, and Samuel Chu, a feisty activist, Simon Lee, a former columnist and executive who worked at Next Digital with Jimmy Lai.

The main takeaway from the film is that Lai is a restless person, constantly looking for purpose in his life and never wavers from his moral compass, thanks to religion.

Lai and others recall his young life, how his family was from the landowner class in southern China and was punished for this. He was born in 1948 and they were young children when his parents were sent away to do hard labour; Lai recalls as children they just tried to survive.

At the age of eight he went to work in a railway station as a porter. One time after carrying someone's bags, they gave him a tip and handed him a chocolate bar. He had never seen it before and couldn't help himself and ripped it open to eat it. 

He named the clothing brand after a pizza shop

Lai recalled never having eaten something so delicious before and asked the man where he was from. His reply? Hong Kong.

Four years later he made the journey by boat (where everyone got seasick), and arrived at night to work in a textile factory. The next day when he went to get breakfast, he was amazed to see so many stalls selling all different kinds of food. He soon felt this was the place for him.

It was this experience that helped Lai learn the textile trade, later set up his own factory (through money he had invested in the stock market), and then went into retail with Giordano, named after a pizza shop in Italy.

But making lots of money was not enough for Lai -- he wanted more meaning and after the 1989 Tiananmen Square Massacre, Lai felt he should go into the media business. "If you give people choice, you give them freedom," he says.

Hence the birth of first Next magazine, then Apple Daily in 1995.

Soon after he penned an open letter to then Chinese premier Li Peng, who ordered the military crackdown, apparently using a lot of words that were not fit for print... 

Lai marched in the beginning of the 2019 protests

The effect was immediate -- Lai's Giordano stores in China were going to be forced to shut down, which forced the tycoon to sell it off, but also helped him focus his efforts on Apple Daily. 

As several people in the documentary point out, the pro-democracy newspaper was a thorn in Beijing's side, amplifying the movement through its printed words and later online. That made Lai an enemy of China.

He has accepted his fate, thanks to the introduction of religion by his wife Theresa who is a Catholic. Lai strongly believes his faith will guide him through bad times.

One quibble about the documentary is that when it showed footage of the Umbrella Movement in 2014, it seemed to not have enough clips, and so it "borrowed" from those in 2019, such as police firing tear gas canisters, a water cannon shooting blue coloured water, and people huddled under umbrellas, which are factually incorrect to use to illustrate that time period.

After the film, three speakers attended virtually: Mark Clifford, former editor-in-chief of the South China Morning Post and author of the book, Today Hong Kong, Tomorrow the World, the columnist Lee, and Chu.

Apple Daily was raided then shut down in 2021

Some people in the audience asked thoughtful questions, but the main thing was that the three speakers encouraged people to do whatever they could to help the movement through small and big things. Chu said it could be screening the film to four or five people in a living room, or just talking to your friends about Hong Kong.

Another brought the attention to having Lai nominated for the Nobel Peace Prize, an initiative China scholar Perry Link has spearheaded. However, Clifford said as the late political dissident Liu Xiaobo was named some 10 years ago, the chances of another Chinese person winning it again was very slim; there was also the intense backlash Norway received afterwards, when the government was not even involved in the Nobel committee.

There was also talk about how the current war in Ukraine was a test case for China to watch with regards to Taiwan -- how much international help will Taiwan get if it is invaded? There was also talk about how the Hong Kong movement needs to be more connected around the world and have a united front, as demonstrated by dissident Uyghurs who pushed for five years to have the UN report recently released to prove atrocities against their people.

The speakers urged people not to forget Lai and all the other political prisoners in jail, to speak to their elected representatives and help them understand the situation in Hong Kong. Chu kept saying that Lai is the epitome of Hong Kong -- how he arrived with nothing and became a tycoon, and yet he is prepared for life in prison.

They also said the Chinese authoritarian regime wants people to think that things are inevitable -- that there is no point in fighting back, but that instead people should keep fighting. And with the current zero-Covid mandate, the country seems to be doing a good job of imploding on itself, and that it is only a matter of time. But in that time people should not be complacent and keep fighting.