Jimmy Lai’s latest courtroom moment comes with a blunt reality check: the “solitary confinement” narrative doesn’t look the way overseas headlines sell it. At the West Kowloon Court on Monday (Jan 12), prosecutors say Lai requested the arrangement himself—worried he’d be harassed because his case was so widely reported—and the Correctional Services Department approved it after assessment. Two judges put it in plain language: “This wasn’t imposed on him by others—it was his own request,” and “If he wants, he can stop at any time.”
Prosecutors tell the court Lai’s solitary confinement is his own choice, not something forced on him. AP file photo.
That clashes head-on with what Lai’s children tell foreign media: they describe an elderly father kept alone for more than 1,000 days in a cell “without sunlight,” with summer temperatures hitting 40℃, dramatic weight loss, weakness, discolored nails “falling off,” and rotting teeth—basically a countdown to the end. They also accuse correctional staff of blocking communion for the Catholic Lai, or even cutting off curry sauce once they learned he liked it—small details used to paint a picture of psychological breaking tactics.
In court, Deputy Director of Public Prosecutions Anthony Chau tells a very different story: solitary confinement starts with Lai’s own application. Chau says that when Lai is remanded in late 2020, he believes his case is splashed everywhere and fears trouble from other inmates, so he applies to the Correctional Services Department. The department’s report, Chau says, finds him suitable—and it reviews the arrangment monthly, asking each time whether Lai wants to continue, with Lai confirming he does.
Chau also stresses that “solitary” doesn’t mean stripped of prisoner rights under the Prison Rules. He says Lai still has social contact—family communication, letters, publications—and can take part in religious activities such as receiving communion, and that Lai has never filed a complaint about these matters. Chau adds that Lai’s daily routine includes reading, outdoor exercise, “meaningful light duty work,” and daily health monitoring.
The courtroom reality check
The defense tries to shift the focus to age and health. Senior counsel Robert Pang tells the court Lai has high blood pressure, diabetes, and eye problems; none are immediately life-threatening, he says, but at 78, solitary confinement hits harder than it would for a younger inmate. Pang frames it starkly: “Every day he spent in prison will bring him that much closer to the end of his life,” and he cites a European Committee for the Prevention of Torture report warning solitary confinement harms prisoners and is treated as punishment in prison systems.
Judge Esther Toh isn't buying the "imposed punishment" framing, and she says so on the spot. She points out that this arrangement wasn't imposed on him by others—it was his own request, then offers a pointed analogy: it's like choosing between sharing a double room with your wife or taking a single room, picking one option, and then calling it "torture." Another judge, Alex Lee, makes the practical point: "It's not an additional punishment imposed on him. He can always end it if he chooses to."
Commentary circulating among observers says those two lines from the bench puncture the overseas media storyline in one go: the claim that Lai is forcibly kept in solitary. The same commentary says Lai’s family and foreign media keep running the “sob story,” while court appearances and medical reports tendered in evidence show his health is broadly fine—and that during remand he even gains weight at one point, with fluctuations that still leave him in an obese BMI range, not the “frail and wasting” picture described abroad.
Ariel
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The National Security Department of the Police Force launched an enforcement operation on October 6. Officers arrested a man and a woman in Kwun Tong District and Tsim Sha Tsui District respectively, both aged 38.
The arrested persons are suspected of violating Section 24 of the Safeguarding National Security Ordinance, namely the offence of "doing an act with a seditious intention." Sources indicate that the arrested man is Wong Ka-ho, a former member of the localist group "North District Dynamic." The other arrested person is his girlfriend.
It is understood that during the black violence period, someone set up a social media page named "YellowInsurance," covering platforms such as Facebook and Instagram. While promoting insurance business, the page repeatedly published posts supporting the black violence and expressing solidarity with "brothers and sisters."
It also spread messages smearing the Central Authorities and the SAR Government, promoting "Hong Kong independence," and attempting to incite public hatred toward the Central Authorities and the SAR Government.
After the implementation of the Hong Kong National Security Law, this page shifted to continuously inciting through "soft resistance" tactics. It used hashtags or so-called "acrostic poems" and other obscure "edge ball" forms to disseminate anti-China and pro-riot messages and incite "Hong Kong independence." It also promoted the black violence song "Glory to Hong Kong," various yellow shops, and participation in the "yellow economic circle" mobile application "Punish Mee," in an attempt to imperceptibly poison the general public.
Using hashtags or so-called "acrostic poems" and other obscure forms to disseminate messages. (Online image)
The page involved claimed that it could arrange various types of insurance for customers, yet did not disclose the identity of the person in charge or the relevant licence status. An insider's analysis pointed out that this operating method lacked transparency.
The page imitated the operating model of the "yellow economic circle" and hinted in its posts that it was run by anti-government "yellow people," thereby using the political halo to attract yellow-camp consumers to take out insurance through its platform and earn insurance commissions for profit.
Sources say the two arrested individuals are suspected of managing these pages. Wong Ka-ho claimed to work as a financial adviser at a local investment company and holds an insurance intermediary licence. The arrested girlfriend does not work in the insurance industry and does not hold an insurance intermediary licence, and is suspected of having been instigated by Wong Ka-ho to help manage social media.
Under the Insurance Ordinance, selling insurance without a licence or taking part in related regulated activities is a criminal offence. That includes making applications or providing advice on insurance contracts.
Founded in 2015, "North District Dynamic" repeatedly launched and joined protests against parallel traders. Wong Ka-ho was active in those activities and ran in the District Council election that same year for "North District Dynamic", but the pro-democracy camp at the time accused him of "splitting the vote".
In November 2016, Wong and several former members of Demosisto and the League of Social Democrats joined a march against the NPC's interpretation of the Basic Law. He was later arrested for surrounding the Liaison Office of the Central People's Government building and throwing hard objects at police.
In March 2020, Wong Ka-ho and Lui Chi-hang, one of those convicted in the "35+ subversion case", went to MTR Fanling Station to disrupt a signature street booth organized by citizens in "support of Article 23 legislation". The move triggered a pushing and shoving incident involving more than 20 people from both sides.
Reports at the time said Wong and his associates livestreamed the process online during the incident and afterwards shared photos of their own injuries online to court sympathy, and were accused of premeditation.
The "yellow economic circle" broadly refers to the economic activities of so-called "mutual support among brothers and sisters" initiated by some anti-China, destabilizing elements after the 2019 black violence. A senior figure pointed out that in essence it is about amassing wealth by inciting hatred and social confrontation, which both endangers national security and damages Hong Kong's economy and prosperity and stability.
After the Hong Kong National Security Law took effect, the forces concerned still hide in the community, poisoning the public through "soft resistance" to seek private gain, planting major hidden dangers for Hong Kong's long-term stability and prosperous development.
According to records, many people who took part in anti-government activities during the 2019 black violence hoped to profit through the "yellow economic circle".
For example, Chu Kong-wai is suspected of promoting MPF schemes without an MPF intermediary licence. He marketed MPF consolidation schemes on social platforms and through other channels as a "financial adviser", calling on "brothers and sisters" to let his team manage their MPF accounts and claiming they could obtain ideal returns. He was criticized for disregarding clients' potential financial losses.
Chu was attached to Manulife senior branch manager Lee Chun-wah. Before entering the insurance industry, Lee had been a male PE teacher at a secondary school, during which time he associated with a 14-year-old underage girl and once sat on the back of a half-naked girl to take photos, involving indecency toward an underage girl.
He was later revealed to possess nearly a hundred pornographic photos and videos of another girl at the school. He was ultimately convicted on two counts of committing indecent acts against a child under 16 and possession of child pornography.
Secretary for Security Tang Ping-keung mentioned in a radio program a few days ago that Hong Kong currently still faces four major national security risks. They include smearing by external forces, local terrorist activities, those who have absconded overseas continuing to advocate "Hong Kong independence", and hidden "soft resistance". He said bluntly that the most evil thing is "soft resistance", because it may not be very obvious.
The expert points out that this case proves the national security risks from "soft resistance" still exist. The acts in the case are suspected of violating "doing an act with a seditious intention," a serious offence that carries a maximum penalty of 7 years' imprisonment on first conviction.
The expert believes the police will continue to ensure that laws are observed and strictly enforced and that lawbreakers are prosecuted. The force will effectively prevent, stop and punish any acts and activities endangering national security in accordance with the law.
