“[The prosecution] is out of time therefore there’s no jurisdiction for the court,” Pang told the three judges – Madam Justices Esther Toh Lye-ping and Susana D’Almada Remedios and Mr Justice Alex Lee Wan-tang – approved by the chief executive to hear national security cases.
Lee identified the key argument in Pang’s submission as focusing on when the alleged offence began, as the prosecution said the first seditious article was published on April 1, 2019.
Pang argued that the alleged conspiracy agreement could be linked to one or more than one offence, but the legal timeline should only start when the first suspected offence occurred, so that the prosecution could not accumulate the indictable offences beyond the six-month time frame.
Lai, the founder of the popular Apple Daily tabloid newspaper, is facing one count of conspiring to publish seditious publications, alongside former editor-in-chief Ryan Law Wai-kwong and five other editorial staff, under the Crimes Ordinance.
He also allegedly violated the national security law, with two conspiracy charges relating to collusion with foreign forces for allegedly drawing international sanctions against authorities and inciting public hatred in the wake of anti-government protests in 2019, sparked by a now-withdrawn extradition bill.
Earlier in the morning, a queue stretched from the entrance of the West Kowloon Law Courts Building in Cheung Sha Wan, as dozens of attendees braved the chilly weather for a ticket to the trial.
Vehicles heading to the car park of the building were stopped by police, accompanied by dogs, for inspection. Officers used a handheld device to check the underside of the cars.
Police dogs and dozens of officers, including three armed and masked personnel guarding an anti-riot vehicle dubbed the “Sabre-toothed tiger”, circled the entrances of the courthouse, a press zone and the public queue outside.
Steve Li Kwai-wah, chief superintendent of the national security department, was near the court building to monitor police operations in the morning. He was later seen outside the courtroom during the trial.
Lai turned 76 at the maximum-security Stanley Prison earlier this month, his fourth birthday behind bars since first being denied bail in December 2020. He has been detained for more than 1,100 days.
He was brought to West Kowloon Court at 7.35am on Monday.
Representatives from at least 10 consulates, including the United States, United Kingdom, Australia, Canada, New Zealand and Switzerland began arriving at the court at around 8.20am, to observe the trial.
US representative Roxie Houge, the economic and political affairs chief at the country’s consulate, told the press that she hoped the city’s national security trials “would be kept public”.
Matthias Kaufmann, counsellor and deputy head of the European Union Office to Hong Kong and Macau, was also in the queue. He said his presence was a signal of the union’s commitment to upholding the rule of law.
Retired Catholic leader Joseph Zen Ze-kiun was seen entering the courthouse at 9am.
Lai’s wife Teresa Li-Lai Wan-kam, his youngest son Augustin Lai Zhun-yan and daughter Claire Lai Choi also attended the trial. Li-Lai sat next to Zen during the hearing.
A founding leader of the Democratic Party, Emily Lau Wai-hing, arrived at 9.45am. She told the press that she hoped Lai would get a fair trial.
Barristers began arriving at the court at 8.45am. Colman Li Fung-kei, one of the lawyers representing Lai, was seen entering the building at 8.50am.
Wearing a grey blazer, Lai was flanked by four prison officers while he was escorted into the dock. He looked at the public gallery and smiled when he saw Zen waving at him.
There were additional security measures inside the court building, requiring everyone entering to walk through a metal detector and have their belongings checked using an X-ray scanner.
The trial, which is a High Court case, was moved to the more spacious West Kowloon Court in light of the 80-day duration of the proceedings and to better accommodate crowds.
The case will be heard without a jury after justice minister Paul Lam Ting-kwok cited concerns including “involvement of foreign factors”.
Stage set for Hong Kong media mogul Jimmy Lai’s national security trial
Stage set for Hong Kong media mogul Jimmy Lai’s national security trial
Police earlier announced they would deploy 1,000 officers, including personnel from the Counter Terrorism Response Unit and bomb disposal squad, to guard the area round the clock over the next three months. Sniffer dogs would also be dispatched, the force added.
A police bomb disposal vehicle was seen parked on a lane opposite the courthouse entrance on Monday.
The judiciary has set aside 388 seats for members of the public to attend the trial. Seventy spectators will observe the proceedings from the main courtroom’s public gallery, while the rest will watch a live broadcast. Another 161 seats have been reserved for the press.
About 40 people were waiting in each of the two queues, comprising members of the press and the public, outside the court building shortly after 7am.
The first four people in the public queue said they wanted to see the trial because of its historical significance.
A woman who was first in the public queue, who gave her name as JC, said she had been waiting since 10pm last night.
‘1,000 Hong Kong police officers to guard West Kowloon Court’ for Jimmy Lai’s trial
‘1,000 Hong Kong police officers to guard West Kowloon Court’ for Jimmy Lai’s trial
“I want to make sure I can go inside,” the 29-year-old catering worker said. “I’m worried there are people who were paid to queue up coming here to take the spots.”
She said she saw fewer than 10 police officers outside the court building last night.
An arts professional in his 40s, who gave his surname as Sung, said he was second in the queue after arriving at 4am on Monday.
“I was inspired to come here after reading an interview with JC. It was interesting to see someone come by so early, which inspired me to join her so she won’t be alone,” he said.
Two observers from Reporters Sans Frontières, an international non-governmental organisation advocating for press freedom, were third and fourth in line. They said they had flown into the city for the trial.
The public queue included people of all ages, both the young and the elderly, vying for a spot inside the courthouse.
A retiree in her 60s, who gave her surname as Wong, said she came at 7am to secure a seat.
“We need to support Hongkongers. I think he did nothing wrong,” she said.
There were concerns during the opening of a high-profile subversion trial in February involving 47 opposition politicians that some people had been paid to wait in the public queue and attend the trial.
The Post has not seen anyone paying others to wait for a public seat, or receiving money for queuing up on Monday morning.
Some middle-aged and elderly attendees were seen queuing up in groups while wearing face masks. A Post reporter approached one of the groups, but they declined to speak.
The first batch of public members and the press entered the courthouse for security checks at 8.30am.
https://news.google.com/rss/articles/CBMinAFodHRwczovL3d3dy5zY21wLmNvbS9uZXdzL2hvbmcta29uZy9sYXctYW5kLWNyaW1lL2FydGljbGUvMzI0NTQwNy9uYXRpb25hbC1zZWN1cml0eS10cmlhbC1ob25nLWtvbmctbWVkaWEtdHljb29uLWppbW15LWxhaS1iZWdpbnMtYW1pZC1oZWF2eS1wb2xpY2UtcHJlc2VuY2XSAQA?oc=5
2023-12-18 02:08:03Z
CBMinAFodHRwczovL3d3dy5zY21wLmNvbS9uZXdzL2hvbmcta29uZy9sYXctYW5kLWNyaW1lL2FydGljbGUvMzI0NTQwNy9uYXRpb25hbC1zZWN1cml0eS10cmlhbC1ob25nLWtvbmctbWVkaWEtdHljb29uLWppbW15LWxhaS1iZWdpbnMtYW1pZC1oZWF2eS1wb2xpY2UtcHJlc2VuY2XSAQA
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