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Viewing Jimmy Lai's Case Through the Lens of International Law: Far from "Political Prosecution"

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Viewing Jimmy Lai's Case Through the Lens of International Law: Far from "Political Prosecution"
Blog

Blog

Viewing Jimmy Lai's Case Through the Lens of International Law: Far from "Political Prosecution"

2025-12-18 16:54 Last Updated At:16:57


Qing Ping


After Jimmy Lai was lawfully convicted by the High Court of Hong Kong Special Administrative Region for crimes including colluding with foreign forces and conspiring to publish seditious publication, some politicians in the United States and the West disregarded the facts, spreading false narratives such as "political prisoner" and "political prosecution." Such claims not only violate the fundamental principles of international law but also completely contradict the facts of the case and legal provisions. In reality, Jimmy Lai's actions seriously violated the Hong Kong National Security Law and local Hong Kong laws. His crimes are criminal offenses endangering national security, not "political dissent." The trial of his case represents the legitimate actions of Hong Kong's judicial authorities in safeguarding national security in accordance with the law, fully aligning with the fundamental principles of international law and standards of judicial justice.

Due to varying differences in ideology, political systems, laws, and policies among countries, there is no clear and unified standard for defining the concept of "political prisoner" in international law. However, through long-term international practice and academic consensus, basic criteria and exclusions have emerged. The definition of "political prisoner" revolves around two core principles: "peaceful expression" and "no harm to national security." Its application must satisfy two key conditions: first, the actions must be based on the expression of political beliefs and must not involve violence; second, they must not severely endanger national security, public interests, or the lawful rights and interests of others, exhibiting clear "altruistic" and "peaceful" characteristics. Actions such as endangering national security and colluding with foreign forces have long been excluded by the international community from the category of "political prisoners."

Jimmy Lai's actions are entirely inconsistent with the core connotations of a "political prisoner."

In terms of the nature of his actions, Jimmy Lai's conduct was not "peaceful political expression" but rather criminal acts seriously endangering national security. The core feature of a "political prisoner" is the peaceful expression of political beliefs without harming national security, public interests, or the lawful rights of others. In contrast, Jimmy Lai's collusion with foreign forces, as stipulated in Article 29 of the Hong Kong National Security Law, constitutes a serious crime such as "imposing sanction or blockade, or engaging in other hostile activities against the Hong Kong Special Administrative Region or the People's Republic of China." This directly infringes upon national sovereignty, security, and development interests, undermines Hong Kongs prosperity and stability, and completely deviates from the "peaceful" and "altruistic" characteristics of a "political prisoner." Such actions would be classified as criminal offenses in any country and are far from so-called "political dissent."

From the perspective of international law exclusion rules, Jimmy Lai's crimes fall outside the category of "political prisoners." His acts of colluding with foreign forces and endangering national security meet the constituent elements of crimes under the Hong Kong National Security Law, clearly excluding him from the "political prisoner" category. Moreover, foreign forces nurturing Jimmy Lai as an agent to oppose China and destabilize Hong Kong, and funding activities to disrupt Hong Kong, violate the fundamental international law principle of "non-interference in the internal affairs of other countries." Acts such as treason and collusion with foreign forces are universally and severely targeted by criminal laws across nations and are by no means so-called "political prosecutions."

In terms of judicial procedures, the trial of Jimmy Lai's case was completely fair, just, and transparent, with no political motives involved. The Hong Kong National Security Law explicitly guarantees litigation the right to fair trials and the right to defense, and the trial of Jimmy Lai's case strictly adhered to these provisions. The court proceedings were entirely open, with Jimmy Lai himself testifying for 52 days. He enjoyed full defense rights, all parties had legal representation, and no party raised issues of unfair treatment. The court ultimately issued a publicly available 855-page judgment detailing the application of law and evidence analysis, fully complying with Hong Kongs common law judicial procedures. The so-called "political prosecution" narrative is both a deliberate smear against the independence of Hong Kongs judiciary and a disregard for the principles of judicial justice in international law.

Using the concept of "political prisoner" to recklessly interfere in the internal affairs of other countries is shameless and despicable.

The original intent of establishing the concept of "political prisoner" in international law was to provide humanitarian protection for individuals who have committed crimes but possess legitimate political purposes, shielding them from persecution while safeguarding the sovereign interests of nations. At the same time, every country has the right to combat crimes endangering national security, a legitimate right that no external forces should interfere with or smear.

However, a few countries, groups, or individuals, to achieve ulterior political motives, exploit the ambiguous concept of "political prisoner" to exonerate their political agents. Under the guise of "human rights" "democracy" and "freedom" they recklessly interfere in the internal affairs of other countries and hinder the independent exercise of judicial power. This despicable conduct has long been seen through by people around the world and is destined to face firm opposition and complete failure, ultimately being condemned to the pillar of historical shame.

Safeguarding national sovereignty, security, and development interests is the highest principle of the "one country, two systems" policy. Any attempt to portray Jimmy Lai as a "political prisoner" or distort the lawful trial as a "political prosecution" is a deliberate distortion of facts and a blatant disregard for international rules. The implementation of the Hong Kong National Security Law and the fair trial of related cases are not only essential requirements for safeguarding national sovereignty, security, and development interests but also a cornerstone for protecting the lawful rights and interests of Hong Kong residents and ensuring long-term stability and prosperity in Hong Kong. This is beyond dispute.




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Author: Member of the Legislative Council, Dr. Lee Hoey Simon

Under the joint initiative of Legislative Council Members Hon Maggie Chan Man-ki, Dr Hon Thomas So Shiu-tsung, Hon Wu Yingpeng, Dr Hon Hoey Simon Lee, law students from Kathmandu University and Tribhuvan University in Nepal recently came to Hong Kong to participate in the annual International Commercial Arbitration Moot Court Competition, and jointly organized the "A Young Chat of the Rule of Law and Social Development of Nepel since the BRI". Dr Bindeswar Prasad Lekhak, Consul-General of Nepal to HKSAR, attended the seminar. The event was supported by Regal Hotels Group, China Resources Group, Tseng Hin Pei Charity Fund Limited, and Basic Law Foundation, among other organizations.

This marks the fourth consecutive year that Legislative Council Member Dr Hon Hoey Simon Lee has gathered with young law students from BRI country in Hong Kong. This year, for the first time, the exchange was jointly organized with multiple Legislative Council Members, and for the first time, the Nepalese Consul-General in Hong Kong attended.

In his opening remarks, Dr Lekhak, Consul-General of Nepal to HKSAR, emphasized the long-standing and robust friendship between Nepal and China, reaffirming Nepal's steadfast commitment in upholding the one-China principle. Dr Lekhak pointed out that China is Nepal's second-largest trading partner, with close ties spanning trade, foreign direct investment, and tourism. Since Nepal participated in the BRI in 2017, collaborative projects have expanded across various sectors—including urban development, infrastructure, education, health, sports, and energy—providing significant opportunities for Nepal’s development. Nepal has a favorable investment environment and welcomes all sectors in Hong Kong to further strengthen economic and trade cooperation with Nepal.

During the seminar, the Nepalese law students shared profound insights into the positive changes the BRI has brought to their region, specifically discussing its tangible impact on improving local livelihoods and advancing the rule of law. They pointed out that during the pandemic, the BRI framework facilitated vaccine and medical assistance to Nepal, playing a significant role in humanitarian relief. In the long term, they have a positive vision for the BRI’s promotion of cross-border connectivity, bringing medical services, economic opportunities, trade efficiency, and cultural preservation to benefit local communities.

Local Hong Kong young leaders also participated in the exchange, engaging in in-depth discussions on how the BRI promotes the rule of law in Nepal, with particular focus on the critical role of alternative dispute resolution mechanisms, such as mediation and arbitration, in promoting regional legal cooperation. This exchange fostered mutual learning and deepened understanding and recognition, served as a vital communication bridge for young leaders from different cultural backgrounds.

To showcase their heritage, the Nepalese students presented traditional souvenirs, including Dhaka topi, handmade yak milk soaps, and traditional instruments singing bowls. The venue was also decorated with BRI-themed exhibition installations, enable attendees to experience the cultural charm of Nepal firsthand and further strengthening their friendship.

Legislative Councillor Dr Simon Lee and Consul-General Dr Lekhak (left) exchanged views at the Hong Kong Legislative Council

Legislative Councillor Dr Simon Lee and Consul-General Dr Lekhak (left) exchanged views at the Hong Kong Legislative Council

Legislative Councillor Dr Simon Lee and Consul-General Dr Lekhak (front row right) exchanged views with law students from two Nepalese universities at the Hong Kong Legislative Council

Legislative Councillor Dr Simon Lee and Consul-General Dr Lekhak (front row right) exchanged views with law students from two Nepalese universities at the Hong Kong Legislative Council

Councillor Dr Simon Lee presents Legislative Council souvenirs prepared for Consul-General Dr Lekhak (second from right)

Councillor Dr Simon Lee presents Legislative Council souvenirs prepared for Consul-General Dr Lekhak (second from right)

China Resources Group Senior Group Legal Counsel Johnny Ip Chun-yuen (fifth from left), Tseng Hin Pei Charity Fund Limited Representative Riley Tseng Fanwei (sixth from left), Legislative Council Member Dr Hon Hoey Simon Lee, Consul-General of Nepal to HKSAR Dr Bindeswar Prasad Lekhak (eight from left), Legislative Council Member Hon Maggie Chan Man-ki, Member of the Guangzhou Municipal Committee of the CPPCC and Chairman of the Supervisory Board of the Guangdong-Hong Kong-Macao Greater Bay Area International Maritime and Commercial Mediation Center Tan Guojian (tenth from left), pose for a group photo with law students from two Nepalese universities at the Hong Kong LegCo

China Resources Group Senior Group Legal Counsel Johnny Ip Chun-yuen (fifth from left), Tseng Hin Pei Charity Fund Limited Representative Riley Tseng Fanwei (sixth from left), Legislative Council Member Dr Hon Hoey Simon Lee, Consul-General of Nepal to HKSAR Dr Bindeswar Prasad Lekhak (eight from left), Legislative Council Member Hon Maggie Chan Man-ki, Member of the Guangzhou Municipal Committee of the CPPCC and Chairman of the Supervisory Board of the Guangdong-Hong Kong-Macao Greater Bay Area International Maritime and Commercial Mediation Center Tan Guojian (tenth from left), pose for a group photo with law students from two Nepalese universities at the Hong Kong LegCo

Tseng Hin Pei Charity Fund Limited Representative Riley Tseng Fanwei (first from left), Legislative Council Member Hon Maggie Chan Man-ki, Consul-General of Nepal to HKSAR Dr Bindeswar Prasad Lekhak (third from left), Legislative Council Member Dr Hon Hoey Simon Lee, China Resources Group Senior Group Legal Counsel Johnny Ip Chun-yuen (fifth from left) pose for a group photo wearing traditional Nepalese Dhaka topi

Tseng Hin Pei Charity Fund Limited Representative Riley Tseng Fanwei (first from left), Legislative Council Member Hon Maggie Chan Man-ki, Consul-General of Nepal to HKSAR Dr Bindeswar Prasad Lekhak (third from left), Legislative Council Member Dr Hon Hoey Simon Lee, China Resources Group Senior Group Legal Counsel Johnny Ip Chun-yuen (fifth from left) pose for a group photo wearing traditional Nepalese Dhaka topi

Kathmandu University law student representatives deliver presentation

Kathmandu University law student representatives deliver presentation

Tribhuvan University law student representatives deliver presentation

Tribhuvan University law student representatives deliver presentation

Tribhuvan University law student representative assists Legislative Council Member Dr Hon Hoey Simon Lee to wear the traditional Nepalese Dhaka topi

Tribhuvan University law student representative assists Legislative Council Member Dr Hon Hoey Simon Lee to wear the traditional Nepalese Dhaka topi

Tribhuvan University law student representatives present souvenirs to Legislative Council Member Dr Hon Hoey Simon Lee

Tribhuvan University law student representatives present souvenirs to Legislative Council Member Dr Hon Hoey Simon Lee

Legislative Council Members Dr Hon Thomas So Shiu-tsung, Dr Hon Hoey Simon Lee, Hon Wu Yingpeng pose for a group photo wearing traditional Nepalese Dhaka topi

Legislative Council Members Dr Hon Thomas So Shiu-tsung, Dr Hon Hoey Simon Lee, Hon Wu Yingpeng pose for a group photo wearing traditional Nepalese Dhaka topi

Legislative Council Members Dr Hon Hoey Simon Lee, Hon Wu Yingpeng, Dr Hon Thomas So Shiu-tsung pose for a group photo with law students from two Nepalese universities wearing traditional Nepalese Dhaka topi

Legislative Council Members Dr Hon Hoey Simon Lee, Hon Wu Yingpeng, Dr Hon Thomas So Shiu-tsung pose for a group photo with law students from two Nepalese universities wearing traditional Nepalese Dhaka topi

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