If those with power and influence can escape imprisonment for crimes while ordinary citizens must serve time, this can hardly be called the rule of law.
On January 19, the legal year opened with a sharp reminder of what justice actually requires. Chief Justice Andrew Cheung of the Court of Final Appeal addressed foreign threats to sanction judges and the Jimmy Lai case head-on. He made it plain: threats to impose sanctions on judges, no matter how they're dressed up, are nothing more than attempts to interfere with judicial independence. "Intimidation and threats are no different from bribery and corruption, they being, in truth, two sides of the same coin. Both are means of subverting justice, and have absolutely no place in a civilised society governed by the rule of law."
Regarding the Jimmy Lai case, Cheung was equally direct. Yes, given today's geopolitical tensions, international commentary has included plenty of criticism of the prosecution, verdict, and even Hong Kong's rule of law. But any serious criticism or opposing view must be grounded in actually reading the judgment and understanding the court's reasoning. Cheung put it bluntly: "Many of us may be forgiven for growing weary of simplistic assertions that the rule of law is dead whenever a court reaches a result one finds unpalatable… It cannot be that the rule of law is alive one day, dead the next, and resurrected on the third, depending on whether the Government or another party happens to prevail in court on a particular day. Such a claim needs only to be stated to highlight how untenable it is."
Justice vs Real Injustice
Then Cheung drove straight to the heart of what real injustice looks like. Any early release of a defendant based on political reasons or the defendant's background strikes directly at the core of the rule of law. "You can imagine how unjust this situation is, because if you compare such a defendant with an ordinary nobody – someone without anyone to speak up for them, without powerful people to advocate on their behalf, to propose deals, to propose exchanges, to threaten judges on their behalf – that person must continue their trial. If you're a distinguished person, there's one law for you. If you're an ordinary person, there's another law for ordinary people. Such a society, I believe, is a deeply unjust society, one we cannot take pride in."
Cheung cut straight to the question that matters: if ordinary people who break the law must face legal sanctions, while those with power and influence who break the law can secure their release through threats to sanction judges, can such a society truly claim to uphold the rule of law?
American Politicians Rush to Support
As Jimmy Lai awaits sentencing after being convicted, American political figures have rushed to his defense. Former U.S. House Speaker Nancy Pelosi and House Foreign Affairs Committee Chairman Brian Mast recently met separately with Lai's daughter, Claire Lai, publicly backing Jimmy Lai. Republican Representative Mast shared photos with Claire Lai on social media, claiming that Jimmy Lai was unfairly convicted for promoting democracy in Hong Kong. He mocked Hong Kong's courts as a "kangaroo court," saying this absurd verdict once again proves to the world the incompetence of the Chinese Communist Party.
But here's what we need to ask: What relationship do these American politicians actually have with Jimmy Lai? The public knows nothing about it. Have Jimmy Lai and his family provided financial support to these politicians in exchange for their voice of support?
During the trial and in the judgment of Jimmy Lai's case, extensive evidence revealed exactly how Lai bought off foreign politicians and former officials to establish connections with the U.S. White House and Taiwan's leadership.
Take his pursuit of Tsai Ing-wen. To get close to her, Lai paid off one of Tsai's close associates, Taiwanese writer Chiang Chun-nan, having Apple Daily Taiwan pay Chiang NT$209,000 monthly. These inexplicable payments even raised suspicions from Apple Daily Taiwan's publisher, Lawrence Chen, who questioned Lai about them. Between November 2017 and March 2020, Apple Daily Taiwan paid Chiang over NT$5.8 million (approximately US$185,000).
But Lai didn't stop there. He heavily courted several former senior U.S. officials, including former U.S. Army Vice Chief of Staff Jack Keane and former U.S. Deputy Secretary of Defense Paul Wolfowitz, hiring them as advisors to Tsai Ing-wen.
Lai later admitted that the fee for hiring the two as advisors for two years was US$3 million (HK$23 million). Even the court questioned why these two former U.S. officials were being paid by Lai for advising Taiwan, rather than being paid by Taiwan itself.
Beyond Media Work
The entire affair demonstrates something crucial: to advance his anti-China agenda, Lai lobbied both the U.S. and Taiwan governments to redeploy some U.S. forces stationed in Japan to Taiwan to confront the Chinese Communist Party. These actions against the nation were clearly not the work of an ordinary media figure.
To achieve his goals, Lai scattered money far and wide, paying politicians and former officials across different regions. So ask yourself: How much objectivity can these people claim when they speak out for Jimmy Lai?
The key to the rule of law, as Cheung made crystal clear, is that whether someone is an ordinary citizen or a privileged figure like Jimmy Lai, if they break the law, they must face the same legal consequence. The same standard applies to everyone – that's what the rule of law means.
The term "kangaroo court" is actually American invention. It originated in 19th-century America, when some judges held circuit courts in remote areas. These courts, which tried cases without regard for justice, became known as kangaroo courts. America's arbitrary trampling of international law – invading Venezuela and hauling President Maduro to a federal court in New York for trial – represents a true violation of the rule of law. American courts are the real "kangaroo courts."
Lo Wing-hung
Bastille Commentary
** The blog article is the sole responsibility of the author and does not represent the position of our company. **
