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Jimmy Lai trial
Hong KongLaw and Crime

Jimmy Lai trial: Hong Kong judge dismisses freedom of expression defence

Madam Justice Esther Toh says fundamental rights have their limits, citing crackdowns on pro-Palestinian protests in UK and US

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Apple Daily founder Jimmy Lai is contesting two conspiracy counts of collusion with foreign forces and a third of conspiracy to print seditious articles. Photo: AFP
Brian Wong
A Hong Kong judge hearing Jimmy Lai Chee-ying’s national security trial has dismissed the defence’s contention that the former media boss was just exercising his right to freedom of expression with his anti-China comments, citing crackdowns on pro-Palestinian protests in the West.

A protracted debate at West Kowloon Court on the proper reading of Lai’s allegedly offensive statements took a turn on Friday when one of three presiding High Court judges hit out at lawyers’ “la-di-da” defence strategy that drew support from legal safeguards for fundamental rights.

Pressing on with his closing submissions, defence lawyer Robert Pang Yiu-hung SC argued that his 77-year-old client was entitled to his views that Beijing was trying to “eliminate” the Hong Kong people, and that the country would change the world if the world did not change it.

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The comments were made in a November 2020 episode of the online broadcast programme “Live Chat with Jimmy Lai”, in which the Apple Daily tabloid founder shared his views on politics and current affairs with mostly overseas guests.
Pang stressed the remarks should not be taken at face value and explained that Lai was figuratively referring to the suppression of dissent.
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“Hoping for a change of government is not illegal, because the government can change,” he said.

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