Conspiracy to publish seditious publications. Conspiracy to collude with foreign forces – twice. Those are the charges that just landed Jimmy Lai, founder of Next Digital, twenty years behind bars, the highest sentence under Hong Kong's National Security Law so far. That makes Lai the first defendant convicted for colluding with foreign forces, and the punishment is the heaviest handed down since the law took effect in 2020.
Article 29 of the National Security Law sets the baseline at three to 10 years for collusion offenses. But for "serious cases," the ceiling shoots up – either life imprisonment or a fixed term of at least 10 years.
To determine whether Lai's actions qualified as a "serious case," the court turned to precedent. The sentencing guidelines from the Court of Final Appeal's ruling in HKSAR v. Lui Sai Yu served as the framework. Judges also examined HKSAR v. Ma Chun-man and adjusted the approach based on the specific circumstances surrounding Lai's offenses.
Status Drives Sentence Higher
The court determined that Lai was the "mastermind" and "driving force" behind the conspiracies. That designation carried weight at sentencing. For the seditious publications charge, judges bumped the starting point from 21 months to 23. For each of the two collusion charges, they added three years to the original 15-year baseline, pushing it to 18 years.
But the court did acknowledge reality. Lai is old – 78 years old, to be exact. Taking account of his health and that he's held in solitary confinement, which makes prison conditions harsher than for typical inmates, judges shaved one month off the seditious publications term and one year off each collusion charge. The final tally: 20 years total.
Consider the comparison to Benny Tai, the legal scholar convicted in the "35+" subversion case. The court labeled Tai the mastermind behind the unauthorized primary election scheme – the organizer who pushed the "10 steps to mutual destruction" plan that amounted to advocating revolution. His starting point was 15 years. Because he pleaded guilty, Tai received a one-third reduction, bringing his sentence to 10 years. That made him the most heavily punished of the 45 defendants convicted in that sprawling case.
No Plea Deal, No Mercy
Lai chose a different path. He didn't plead guilty. That meant no sentence reduction – and judges actually added time. The judgment revealed the court's view: Lai harboured deep resentment toward China for years. Whether before or after the National Security Law took effect, his singular goal was bringing down the Chinese Communist Party, even if it meant sacrificing the interests of Hong Kong people. Today's sentencing remarks emphasized that Lai, as the mastermind, acted with careful planning and premeditation.
The math is brutal. National Security Law convicts don't qualify for the standard one-third remission of sentence. At 78, Lai could remain locked up until he's 98.
Three former Apple Daily senior executives caught up in the same case fared differently. Former editor-in-chief Law Wai Kwong, former executive editor-in-chief Lam Man Chung, and former lead editorial writer and English edition executive editor Fung Wai Kong each pleaded guilty. They received 10 years each – the same term as Benny Tai.
The reality is, that 10-year term represents the statutory minimum. Judges classified their offenses as "serious" too, but credited their guilty pleas with a one-third reduction. Since they didn't testify or assist prosecutors beyond admitting guilt, that was all the leniency they got.
Four Years of Enforcement History
The Hong Kong National Security Law came into force on June 30, 2020, targeting four main categories of offenses: secession, subversion, terrorism, and collusion with foreign forces – the last being what authorities charged Lai with.
Since the law took effect, Hong Kong has seen several high-profile prosecutions. The first came quickly: Tong Ying-kit's case. On July 1, 2020 – just hours after the law became operational – Tong rode a motorcycle bearing a "Liberate Hong Kong" flag straight into a police cordon in Wan Chai, injuring three officers. He was convicted of inciting secession and committing terrorist activities, drawing a nine-year sentence. The court set 6.5 years as the starting point for incitement and eight years for terrorism, with portions running concurrently.
Then there was the "Returning Valiant" group case, which involved a genuine bomb plot. Members planned to plant explosives at the Kwun Tong and Tuen Mun Magistrates' Courts and in cross-harbour tunnels. The ringleader, Ho Yu-wang, pleaded guilty to conspiracy to commit terrorist activities. Six others admitted to an alternative charge of conspiring to cause explosions likely to endanger life or property. Three landed in detention centres; the remaining three received prison terms ranging from 2.5 to 6 years.
The "Alliance" case is still working its way through the courts. The now-disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China faces charges along with its former leaders. Former chair Lee Cheuk-yan, vice-chair Albert Ho Chun-yan, and standing committee member Chow Hang-tung are accused of inciting others to subvert state power. Ho has pleaded guilty and awaits sentencing. The other defendants are fighting the charges.
Law ABC
** The blog article is the sole responsibility of the author and does not represent the position of our company. **
Jimmy Lai was convicted on two counts of "conspiracy to collude with foreign forces" and one count of "conspiracy to publish seditious publications." When National Security Law-designated judge Madam Justice Esther Toh delivered her verdict in court on December 15 last year, she pulled no punches: Lai had harbored deep-seated resentment toward China for years.
Whether before or after the National Security Law took effect, Lai claimed to champion Hong Kong people—but his sole intent was pushing the United States to impose sanctions on China and bring down the Chinese Communist Party, even if it meant sacrificing the interests of the Chinese people and Hong Kong people alike.
The analogy is stark: imagine an American citizen enlisting Russia's help to overthrow the US government under the guise of helping California. Even during detention after his arrest, Lai insisted on continuing normal operations at Apple Daily, weaponizing it as a platform to spread and advance his political ideology.
Lai's Anti-China Fervor Runs Deep
Just how anti-china was Jimmy Lai? The verdict dissected his character, thought process, and values with surgical precision. Lai embraced Western values wholesale and viewed China's rise under CCP rule as a direct threat to the US-led world order. He believed the Western world should unite to confront China—and the "end game" was regime change. Transform CCP values into Western ones. Counter China's influence across Asia and the world. Hope for "the CCP's downfall." He attempted to leverage his foreign connections to influence foreign policies toward the Central Government and the Hong Kong SAR, while wielding Apple Daily and his personal influence to implement a sustained anti-government campaign aimed at undermining the legitimacy and authority of the Central Government, the HKSAR Government, and their institutions, damaging the relationship between the Central People's Government, the HKSAR Government, and the Hong Kong people.
The verdict was explicit: Jimmy Lai was not on trial for his political stance. He had every right to hold any political views. But if he intended to translate those ideas into action through illegal means, that was a different matter entirely.
Character Reveals Unyielding Intent
When analyzing the continuous nature of Jimmy Lai's conspiracy, the verdict zeroed in on his character. The court noted that after the National Security Law came into effect, Lai stopped making direct and explicit sanction requests, and Apple Daily's senior management took corresponding measures. But Lai's own description of his personal background and his public statements on various occasions before and after the National Security Law's enactment painted a clear picture: this was not someone who gave up easily.
The verdict quoted former Next Digital CEO Cheung Kim-hung, who testified that after the 2014 Occupy Central movement, Lai placed far greater emphasis on covering social movements and political events. He used Apple Daily to encourage the pursuit of democracy and street protests, transforming it into "a newspaper confronting the Central Government."
Lai's column "Success and Failure, Laugh It Off" in Apple Daily, his online live chat program "Live Chat with Jimmy Lai," and his interviews with foreign media all revealed a pattern: Lai constantly contemplated what leverage the US could wield against China. He hired former US military officials to provide consulting services to Taiwan's Tsai Ing-wen. In June 2020, when applying to lift travel restrictions for a criminal intimidation case, he asked his assistant Mark Simon to arrange meetings with senior US officials—even concealing his true purpose for going to the US by claiming to visit his granddaughter. Fortunately, his application was denied.
Articles Dripping With Hostility
In the opening statement, the prosecution cited 161 articles involved in the conspiracy to publish seditious publications charge. These articles came from Lai's columns, Apple Daily editorials and op-eds, and Lai's online live programs. The court carefully and comprehensively reviewed the relevant evidence, considering the social context, and found that they consistently displayed serious hostility and bias toward the CCP, the Central Government, and the HKSAR Government.
The articles portrayed the CCP, the Central Government, the HKSAR Government, and the police as enemies intent on harming Hong Kong citizens. Officials weren't just criticized—they became targets of ridicule and denigration designed to incite public hatred and contempt. Then-Chief Executive Carrie Lam was called "evil." Police were labeled "black cops." Even after the Fugitive Offenders Ordinance was withdrawn in October 2019, citizens were still urged to openly resist the HKSAR Government. Before the National Security Law was promulgated, there were public calls for sanctions against HKSAR Government officials—editorials written by Apple Daily opinion page editor and chief writer Yeung Ching-kee were obvious examples. After the National Security Law was promulgated, there were still indirect but easily understood expressions hoping for sanctions to be imposed.
The verdict cited several articles Lai wrote in January 2020: "Please Stand Up to Defend the Last Line of Defense" and "Defending Morality Against Totalitarianism—Everyone's Responsibility Globally." In February: "Modern People Are Not Animals That Survive Outside Western Civilization's Mechanisms" and "Wuhan Plague—The CCP's Death Knell." In April: "Tyrannical Oppression—Our Spirit Undying." In May: "Scoundrels Are Destroying Hong Kong's Rule of Law." In July: "Time Is a Weapon." In August: "The Great Era Is Coming Soon."
Apple Daily news reports included May 2020's "Carrie Lam Against Council, Citizens Against Black Cops—Sworn Enemies" and "Spreading Poison to Kill Hong Kong—CCP Evil, World Pays the Price." In June: "Sanctioning Human Rights Villains Is Removing the Root Cause." In July: "The CCP's Oppression and Sanctions Are Not to Be Feared." In January 2021: "Is the Government's Goal COVID Zero or Freedom Zero?"
Apple Daily opinion page articles included May 2020's "China and Hong Kong Return to the Cultural Revolution and Cold War Path." In June: "The Best Time for Mutual Destruction." In July: "Will the US Sanction Carrie Lam?" In August: "The Night Walker Whistles."
The court found that these articles were objectively seditious, written with the purpose of inciting hatred and contempt, and stirring up public dissatisfaction with the HKSAR Government.
Countering China's Global Rise
The court determined that Jimmy Lai was fully aware of the articles published on Apple Daily's editorial and opinion pages. Why? Because Lai was Apple Daily's actual helmsman, deeply involved in the newspaper's operations. Lai agreed to publish articles that aligned with his political stance. He consistently used his newspaper to disseminate and advance his political agenda because he wanted to maintain the anti-government protest movement. His own column articles proved this—like "2020, Moving Forward with the Spirit of Peace and Courage," published on January 5, 2020, after the National Security Law came into effect, in which Lai called for amnesty for those "brave protesters."
The verdict stated that Lai had a profound influence on Apple Daily's editorial policies and stance. The court believed these articles must be interpreted from Lai's political perspective. The court found that Lai used Apple Daily to advance his anti-China agenda, viewing China's rise as a threat to the US-led world order and believing the Western world should unite to confront China.
The verdict concluded that Lai's ultimate goal was regime change in China—he was obsessed with transforming CCP values into Western values to counter China's influence in Asia and the world. The verdict was explicit: "Lai's end game was to change the regime of the CCP." His primary objective was gaining support from the United States and the Western world to undermine CCP stability, attempting to influence foreign policy toward Hong Kong or China through his relationships with foreign figures.
Open Calls for Sanctions Before NSL
The verdict found that without doubt, before the National Security Law came into effect, Lai consistently conducted sanction-calling activities through Apple Daily's news coverage and his personal Twitter account. He published articles in foreign media and gave interviews, publicly calling for sanctions against Central Government and HKSAR Government officials. Lai admitted this in his testimony. According to testimonies from Apple Daily senior management as accomplice witnesses, there was no doubt that Apple Daily's management knowingly participated in publicly calling for sanctions—requesting the implementation of sanctions agreements—and Jimmy Lai was the mastermind behind these agreements.
The court specifically mentioned Fung Wai-kong's testimony. As early as May 2020, news about the National Security Law had already spread. Lai expressed "shock" at the National Security Law's details through WhatsApp messages, describing it as "outrageously harsh." He told Cheung Kim-hung they needed to formulate an effective response strategy and should not "act rashly." Lai simultaneously told Simon Lee, who managed his Twitter account, that advocating for sanctions "might be too dangerous" because authorities would view it as "subversion or conspiracy." The court had no doubt that Lai understood the "conspiracy" offense stipulated in the National Security Law.
The verdict quoted a revealing passage about Lai's "thought process." On August 18, 2020, shortly after his first arrest and release, he said on Live Chat: "I'm almost 73 years old, I'm almost certain I'll go to jail, I don't know if they'll release me... I don't expect to get bail... Naturally, I did what I did, this must be my character, and my character is destiny." Based on Lai's description of his personal experiences and his multiple public statements before and after the National Security Law's promulgation, the court believed he portrayed himself as someone with firm beliefs who did not give up easily.
Subtle Anti-China Strategy After NSL
The reality is that after the National Security Law came into effect on July 1, 2020, Lai himself no longer made direct or explicit sanction requests, and Apple Daily's management tried to reduce the risk of violating the National Security Law. Nevertheless, Lai continued to express his anti-China stance—only by adopting a more indirect and subtle strategy and by toning down his rhetoric.
The verdict listed multiple pieces of relevant evidence. On July 1, 2020, Apple Daily's front page reported "Evil Law Enacted, One Country Two System Died". On July 4 that year, the paper published a weekly highlights article "Hong Kong on the international chessboard". Apple Daily published two articles written by Lai: "Time is a weapon" and "The great era is coming soon".
A week after the National Security Law's implementation, the court believed Lai's anti-China stance permeated every episode of his online live chat program. On July 15, 2020, Lai sent a message through Mark Simon to Mary Kissel, assistant to then-US Secretary of State Mike Pompeo, requesting the revocation of Hong Kong's special status.
Lai's personal Twitter also attempted to operate in a "grey zone," adopting subtle, nuanced methods to reduce legal risk. But this change was merely formal, not substantive.
Regarding how Lai subtly requested sanctions, the verdict gave examples from his talk show. Lai said: "it is true that China never invade any country but China is using its value, you know, its kind of arbitrary value, the dictatal (sic) value, to invade into the international handling of affairs... …international way of conducting business…and that invasion is actually the same or even more horrible to the foreign countries than invasion of a small country, like Russia invade Ukraine…”
“If we can’t change China,” he added, “China, as so big, are going to change us.” He went on to say that “It was like American was fighting China alone” and when countries like Germany, Australia, Canada and all that…… “realise what China is and the inability to leverage against such a big China, they are slowly, slowly coming to align with US."
The court believed that in multiple episodes, Lai described China as an enemy of the Western world and made subtle requests to the US and its allies, hoping they would act together to impose a technology embargo on China. In a tweet on August 8, 2020, Lai supported the US Treasury Department's sanctions against 11 Chinese Mainland and HKSAR officials under an executive order.
Mark Simon Helped "Mutual Destruction Team"
The verdict stated that before and after the National Security Law came into effect, Jimmy Lai knew that the "Mutual Destruction Team's" Andy Li, Chan Tsz-wah, and Lau Cho-dik participated in international lobbying.
Lai closely followed developments in the U.S. Congress regarding Hong Kong and China affairs. Mark Simon acted as his "eyes and ears," reporting on the "Mutual Destruction Team's" lobbying activities, including Andy Li's December 2019 trip to the U.S.
During a meeting in Taipei, Lai told Chan Tsz-wah and Lau Cho-dik to establish contact with foreign "covert contacts”. He mentioned the need to unite different fronts—parliamentary, international, and street—to achieve "zhī bào", the collapse of China's economy and regime.
The verdict mentioned that during Chan Tsz-wah's sixth meeting with Jimmy Lai, Chan expressed concerns about the National Security Law and said everyone should stop pushing for sanctions. But Lai said the National Security Law was just "all bark and no bite". He said he would lead by example, calling for sanctions and attention through different media, and told Chan to do the same. This reflected Lai's unwavering support for continuing the agreement to request sanctions.
In summary, before the National Security Law, Jimmy Lai publicly and directly requested sanctions. After the National Security Law, even though he changed to subtle risk-reducing methods, this was only formal, while the intention remained unchanged—continuing to push for sanctions, reflecting his determination to be anti-China.
