HKSAR v Lai Chee Ying & Others

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HKSAR v Lai Chee Ying & Others is a 2025 decision of the Hong Kong Court of First Instance involving Jimmy Lai and three Apple Daily-related companies. The court found Lai and the corporate defendants guilty of conspiracy to publish seditious publications and conspiracy to collude by asking foreign states to impose sanctions, blockade, or take other hostile actions against China or the Hong Kong Special Administrative Region. Lai alone was also convicted on an additional conspiracy count related to collusion.

The case stems from the 2019 protests and political events around the proposed extradition bill, followed by the national security law enacted in 2020. Lai was arrested in February 2020 along with other activists, and Apple Daily was accused of using its newspaper as a platform for seditious content and calls for foreign interference. The defendants were Lai Chee-ying (D1) and three companies: Apple Daily Limited (D2), Apple Daily Printing Limited (D3), and AD Internet Limited (D4).

Before trial, Lai sought a stay of proceedings, arguing issues about the independence of the tribunal and political interference; the court rejected this. The defendants also argued that Count 1 was time-barred; the court ruled it was not and declined to reopen that ruling. The case involved other legal battles, including whether an overseas lawyer could take part in a national security case. There was a high-profile dispute about Tim Owen KC’s participation, which the courts allowed at first but which drew appeals and further government involvement.

In 2022 the case was tried without a jury, following the NSL provision that no jury would be used in certain national security matters. The Standing Committee of the National People’s Congress later interpreted rules about whether overseas lawyers could participate in NSL cases, indicating judgment or certification might be required for such participation.

Lai’s team pursued a judicial review challenging those interpretations, but the challenge was rejected. The government’s actions and the broader NSL framework were central to the legal process surrounding the case. The court ultimately convicted Lai and the three corporations on Counts 1 and 2, with Lai also convicted on Count 3. Sentencing was postponed to 12 January 2026 to allow for mitigation.