HKSAR Government Denounces Western Criticism After Sentencing of Lai Chee-ying and Co-Defendants for National Security Offenses

HKSAR Government strongly condemns external forces for slandering and smearing court's sentencing in Lai Chee-ying case

Regarding the court's sentencing yesterday (February 9) for Lai Chee-ying and the other eight defendants, as well as three companies relating to Apple Daily in respect of their convictions of a total of three charges of offences endangering national security, the western countries, anti-China media, organisations and politicians have used this as a pretext to slander, smear, and attack the Hong Kong Special Administrative Region (HKSAR). They have even maliciously disparaged the court's independent judgement and sentence handed down in accordance with the law. The HKSAR Government firmly opposed and strongly condemned such despicable conduct.

The Central Government Offices, Photo source: reference image

A spokesman for the HKSAR Government said, "'Lai Chee-ying case' was the first convicted case of the offence of 'collusion with a foreign country or with external elements to endanger national security' since the promulgation and implementation of the Hong Kong National Security Law (HKNSL). This marks an important milestone in the HKSAR's efforts to safeguard national security, manifesting the role of the HKNSL as a key stabilising force. This case also admonishes that villains who endanger national security could never escape the sanctions of the law and would surely be severely punished in accordance with the law. Under the robust protection of the HKNSL, the attempts by external forces to 'use Hong Kong to contain China' are doomed to fail, leaving them with no option but only to smear and vilify the HKSAR's efforts to safeguard national security with futile and despicable political manoeuvres which would be in vain. By distorting facts and reversing right and wrong, their malicious intent has been seen through by all and must be resolutely refuted to set the record straight."

The HKSAR spokesperson stressed, "In Lai Chee-ying's case, after 156 days of fair and impartial public hearings, the court has considered the irrefutable evidence of up to 2 220 exhibits, over 80 000 pages of documents and statements of evidence from 14 prosecution witnesses. The court pointed out clearly that Lai Chee-ying was the mastermind of the case. He had manipulated and exploited Apple Daily to poison the society, and repeatedly colluded with external forces to beg for sanctions and hostile activities against the Central Authorities and the HKSAR Government. Even after the enactment of the HKNSL, all the defendants continued with their agreement for some time until after they were arrested by the Police. The court clearly pointed out that Lai Chee-ying's only intent was to seek the downfall of the Communist Party of China even though the ultimate cost was the sacrifice of the interests of the people of China and the HKSAR. Lai Chee-ying has brought harm to our country and Hong Kong; his evil deeds were beyond measure, and he for sure deserves his punishment after all the harm he has done."

The spokesperson reiterated, "The court clearly pointed out in the reasons for verdict that Lai Chee-ying was not on trial for his political views or beliefs. The court's publicly released reasons for verdict and sentence have meticulously explain the court's analysis of the relevant legal principles and evidence, as well as the reasons of the conviction and sentencing of Lai Chee-ying and the three defendant companies, which are well-founded and reasoned, with absolutely no basis for claims of so-called 'political prosecution'."

Lai Chee-ying, Photo source: reference image

In response to views suggesting that the severe sentencing of the defendants in the Lai Chee-ying case would affect the HKSAR's freedom of the press, a spokesperson for the HKSAR Government emphasised, "The Lai Chee-ying case has nothing to do with freedom of the press at all. Over the years, the defendants were using journalism as a guise to commit acts that brought harm to our country and Hong Kong."

"Hong Kong is a society underpinned by the rule of law. The HKNSL and the Safeguarding National Security Ordinance clearly stipulate that the principle of the rule of law shall be adhered to in preventing, suppressing and imposing punishment for offences endangering national security. Any suggestion that certain individuals or organisations should be immune from legal consequences for their illegal acts is no different from advocating a special privilege to break the law, and this totally runs contrary to the spirit of the rule of law."

All cases concerning offence endangering national security are handled by the prosecution and judicial authorities of the HKSAR in a fair and timely manner in strict compliance with Article 42(1) of the HKNSL, with the procedural rights of defendants exercised in accordance with the law fully respected throughout the process. Photo source: reference image

In response to views that the prosecution and trial of the Lai Chee-ying case took too long, causing unfairness to the defendants, the spokesperson pointed out, "All cases concerning offence endangering national security are handled by the prosecution and judicial authorities of the HKSAR in a fair and timely manner in strict compliance with Article 42(1) of the HKNSL, with the procedural rights of defendants exercised in accordance with the law fully respected throughout the process. Regarding Lai Chee-ying's case, the three counts of conspiracies were meticulously planned, the case was complex and involved a huge volume of evidence. Prosecution witnesses gave an elaborated account of the three counts of conspiracies in court. Lai Chee-ying himself even testified in court for 52 days. The time taken from investigation to trial was entirely reasonable, and there was absolutely no question of any so-called unfairness."

"Besides, the HKSAR Government noticed that certain individuals with ulterior motives have been fabricating lies about Lai Chee-ying's health conditions and his custodial arrangements. Facts speak louder than eloquence. The Correctional Services Department (CSD) has been ensuring that the custodial environment for persons-in-custody (PICs) is safe, humane, appropriate and healthy in accordance with the law. These include adequate lighting and good ventilation, as well as appropriate and timely medical support. The HKSAR Government has also pointed out time and again that the arrangement of removing Lai Chee-ying from association with other PICs, it has long been made based on his own request by the CSD after considering all relevant factors in accordance with the law. Lai Chee-ying's entitlements in prison, including visitation, communication, welfare and religious services, as well as outdoor exercise arrangements, have not been deprived of on account of his personal status or his removal from association with other PICs."

"During the plea in mitigation in court on January 12 and 13 this year, the senior counsel representing Lai Chee-ying confirmed repeatedly that Lai Chee-ying had made no complaints about the treatment he received while in custody. The court also confirmed in its reasons for sentence that the CSD has been providing adequate medical attention for Lai Chee-ying."

The spokesman reiterated, "The HKSAR Government will continue to uphold its constitutional duty and steadfastly safeguard national sovereignty, security and development interests. It will, as always, resolutely and strictly adhere to the principle of the rule of law to ensure that 'laws are observed and strictly enforced to bring offenders to account', so as to prevent, suppress and impose punishment for acts and activities endangering national security while protecting the lawful rights and interests of Hong Kong residents and other people in Hong Kong. The HKSAR Government urges all sides to recognise the objective facts and stop any baseless malicious attacks."

The Central Government Offices, Photo source: reference image

Speech by SJ at opening ceremony of 23rd Willem C Vis East International Commercial Arbitration Moot

Following is the speech by the Secretary for Justice, Mr Paul Lam, SC, at the opening ceremony of 23rd Willem C Vis East International Commercial Arbitration Moot today (March 15):

Ms Barrington (Director of the Vis East Moot Foundation, Ms Louise Barrington), Ms Tung (Director and the Chief Executive Officer of the Vis East Moot Foundation, Ms Sherlin Tung), distinguished guests, ladies and gentlemen,

A very good evening. On behalf of the Department of Justice (DoJ) of Hong Kong , it is my great pleasure to welcome you all to the 23rd Willem C. Vis East International Commercial Arbitration Moot (Moot). Let me begin by expressing my sincere thanks to the Vis East Moot Foundation for once again bringing this prestigious and vibrant event to Hong Kong.

This year, the Moot has reached exciting new heights, bringing altogether over 1 300 students and coaches from 161 university teams from 37 jurisdictions worldwide, alongside more than 500 professionals. It is unfortunate that around 10 teams are unable to come here, and some arbitrators are also unable to be here because of what is happening in the Middle East. This is perhaps a very timely reminder of the importance of resolving international disputes of whatever nature by peaceful means, including arbitration. In any event, the remarkable figures that I have just mentioned reflect the growing influence of the Moot as a global platform for nurturing young legal talent and fostering the next generation of arbitration leaders.

The Moot is far more than a competition. It is a meaningful platform for learning, exchange and collaboration. Each year, the Moot problem is designed around a different set of arbitral rules, which govern the procedural aspects of the arbitration. Navigating through these diverse rules not only enhances the students' ability to tackle the procedural complexities of international arbitration but also enriches the understanding of different institutional practices, paving way for the students to become highly adaptable practitioners in a globalised legal landscape.

The Moot problem this year concerns a fictitious and somewhat "fragrant" dispute arising from an agreement to sell orchids for producing vanilla, yet the purchaser cannot obtain the import licence given prohibition under international trade convention. The seller terminates the agreement, sells the orchids at a lower price and claims damages for the price difference. The Moot engages the SIAC (Singapore International Arbitration Centre) Arbitration Rules, with procedural issues such as disclosure of thirdparty funding, and substantive questions on force majeure clause and damages under the CISG (United Nations Convention on Contracts for the International Sale of Goods). I am sure that participating teams will find this Moot problem intellectually challenging.

The Moot also provides a practical setting for students to engage with the harmonised legal texts of UNCITRAL (United Nations Commission on International Trade Law), including the CISG and the New York Convention, both of which apply to Hong Kong. These instruments embody our shared commitment to international commercial law and dispute resolution, and they highlight Hong Kong's role as a jurisdiction that proudly embraces established global standards.

As participants of the Moot are looking ahead to your future careers, I want to impress upon you that Hong Kong continues to stand out as a leading international financial and trading centre, underpinned by our strong rule of law, independent judiciary, and bilingual common law system. Under the principle of "one country, two systems", Hong Kong remains to be the only common law jurisdiction within China. This unique position allows us to serve as a trusted hub for crossborder transactions and dispute resolution, offering robust legal protections to businesses and investors alike.

Because of these foundational strengths, Hong Kong is consistently ranked among the most preferred seats of arbitration globally. This enduring appeal is powerfully validated by the HKIAC's (Hong Kong International Arbitration Centre) 2025 statistics, which recorded HK$126.2 billion in disputes which parties attempted to resolve by arbitration, drawing parties from 61 different jurisdictions. With over 84 per cent of these arbitrations being international in nature and an overwhelming 96.6 per cent seated right here in Hong Kong, the global business community continues to demonstrate unwavering support and trust in our robust legal infrastructure. Arbitral awards rendered in Hong Kong are recognised and enforceable not only in our local courts but also in the Chinese Mainland and in over 170 jurisdictions which are parties to the New York Convention. Hong Kong is also the first and the only common law jurisdiction outside the Chinese Mainland where parties to arbitral proceedings administered by designated institutions can apply directly to Mainland courts for interim measures. This arrangement provides unparalleled protection and efficiency for parties engaged in arbitration here, making it an ideal environment for top-tier legal practice.

Venturing into emerging domains, we launched the Pilot Scheme on Sports Dispute Resolution last December, with a view to extending the use of mediation and arbitration into the sports sector. The scheme aims to provide the sports sector with a fair, efficient and convenient mechanism for resolving sports disputes, and began accepting case applications from February 13 this year. If the disputes are not resolved after parties' first attempt through the mediation, they may refer the dispute to arbitration under the scheme. The DoJ will continue to collaborate with the legal and sports sectors to organise promotional and training activities to further enhance public awareness of sports dispute resolution. We also encourage professionals from different fields to actively participate in and make further contributions to the development of sports industry and dispute resolution services in Hong Kong. These initiatives reflect our commitment to developing innovative mechanisms tailored to emerging areas of dispute resolution.

In October 2025, we established a Working Group on Arbitration Law Reform to advise on the legislative framework for arbitration in Hong Kong, including reviewing and making recommendations to amend our Arbitration Ordinance. This important exercise will ensure that our arbitration regime remains modern, robust, and aligned with international best practices, further consolidating Hong Kong's position as a leading international arbitration centre that is ready for the future.

As the participants embark on this year's Moot, I encourage all of you to seize the opportunity not only to showcase your advocacy skills but also to explore the rich professional and cultural experiences Hong Kong offers. Beyond the intensity of the competition, I hope you will take the time to discover and enjoy our city's dynamic energy, vibrant traditions and diverse cuisine, perhaps starting from what the Vis East Moot Foundation has arranged here at the cocktail reception later tonight.

I wish all participants of the Moot a rewarding and fruitful mooting journey. May all of you gain invaluable insights for your professional growth, forge lasting connections with peers and mentors around the world, and along the way, create lots of great memories in Hong Kong. Let us look forward to another successful year of the Moot! Thank you.

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Speech by SJ at opening ceremony of 23rd Willem C Vis East International Commercial Arbitration Moot Source: HKSAR Government Press Releases