Fu Kin-chi says the sentence is a fair ruling given the severity of the case, and also serves as a warning to potential offenders

On Monday, the High Court of the Hong Kong Special Administrative Region delivered a verdict in accordance with the law against Jimmy Lai Chee-ying, the principal offender in a national security case, sentencing him to 20 years’ imprisonment. The other eight defendants were sentenced to between six years and three months and 10 years’ imprisonment respectively. The sentencing reflects the severity of the case and the punitive and deterrent nature of the law, and clearly illustrates the bottom line of a rule-of-law society that cannot be challenged.

After considering the evidence relevant to the offenses in this case, the court determined that the offenses of Lai under the second and third charges constituted “serious crimes”, warranting a sentence of no less than 10 years and a maximum of life imprisonment. Therefore, the starting point for sentencing was set at 15 years. The court considered the serious and grave criminal conduct committed by Lai, as well as the principle of aggregate sentencing. The court was satisfied that the aggregate sentence for this case should be 20 years' imprisonment, with the sentences to be served consecutively.

This sentence is not only a fair ruling for a criminal who has brought consequences upon himself but also a concrete practice of the SAR firmly safeguarding national security and defending the core values of the rule of law. It sends a clear and powerful message to society: Acts that endanger national security will inevitably face severe legal sanctions.

The sentencing of the defendants in this case embodies the proportionality principle in a rule-of-law society and the rigid requirement of “laws must be followed, and violations must be prosecuted”. The essence of the rule of law lies in equality before the law, where all actions must be examined and judged according to the law.

The evidence in this case is overwhelming. The 855-page Reasons for Verdict ruled that Lai was the mastermind in the said case, closely managing and personally controlling the editorial direction of Apple Daily and repeatedly colluding with foreign forces to seek sanctions and hostile actions against the central and SAR governments.

The court rendered its judgment based on facts, evidence and the law, and more importantly, the sentencing took into account the nature of the criminal acts, the circumstances, the harm caused to society and the defendants’ mitigations. This fully reflects the punitive function of the penalty, serving as a formal negation and strong condemnation of criminal acts.

The sentencing is a clear warning to all potential offenders: Any attempt to undermine national security, regardless of how it is packaged, will find it difficult to escape legal consequences. This self-inflicted consequence is the most direct manifestation of justice under the rule of law.

Some politicians and media outlets from Western countries have adopted double standards in their attempt to whitewash Lai by maliciously vilifying Hong Kong’s judicial system. The fact is, all the other eight defendants in this case pleaded guilty. The entire judicial process fully reflects the principles of fairness and justice, and the defendants’ rights were fully respected and protected. This thoroughly refutes the slanders by Western politicians and media outlets, who have attempted to disguise Lai’s subversive acts as the exercise of “press freedom”.

The facts established by irrefutable evidence have proved that this case has absolutely nothing to do with press freedom.  Over the years, Lai and his cohort have poisoned the public, especially young people, with fake news and disinformation, using fake news reporting as a tool to conduct actions that harm national and the SAR’s interests.

Certainly, the deterrent function emphasized by the sentence constitutes a powerful deterrent to potential illegal activities, serving as a necessary legal measure to prevent crime and maintain social peace. The purpose of punishment lies not only in penalizing committed crimes but also in preventing potential ones.

This sentence clearly illustrates to the public, especially those with vague understanding of national security, that legal red lines must not be crossed, and the cost of violating the law is extremely high.

Furthermore, there is an inherent and inseparable logical connection between safeguarding national security and Hong Kong’s long-term prosperity and stability. History and reality has repeatedly proved that security is the prerequisite for development, and stability is the cornerstone of prosperity. Without national security, there can be no prosperity and stability; without social stability, the practice of “one country, two systems” cannot proceed steadily and sustainably, and Hong Kong’s status as an international financial, trade, and shipping center will lose its fundamental guarantee.

The turbulence and challenges experienced by Hong Kong society in the past period have revealed the serious harm caused by loopholes in national security. The implementation of the Hong Kong SAR National Security Law (NSL) has swiftly reversed the chaotic situation, restored social order in Hong Kong, reinstated the authority of the rule of law, and ensured better protection of residents’ rights and freedoms in a secure environment.

The sentencing of Lai and his accomplices is a manifestation of the continuous and effective implementation of the NSL and the strengthening of the rule of law in Hong Kong.

The independent and impartial enforcement of the NSL by the judicial authority in Lai’s case in the wake of foreign pressure and intimidation once again demonstrated Hong Kong’s judicial independence underpinned by a crew of excellent legal professionals whose professionalism is widely recognized in the international community.

The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and president of the Association for the Promotion of Rule of Law, Education and Technologies.

The views do not necessarily reflect those of China Daily.