The national security trial of media tycoon Jimmy Lai Chee-ying, founder of the now-defunct tabloid Apple Daily, entered its final stages on Monday, with the prosecution presenting closing submissions at the West Kowloon Magistrates' Court.

Lai, 77, earlier pleaded not guilty to two charges of conspiring to collude with external forces under the HKSAR National Security Law (NSL), which was enacted in June 2020, as well as a third count of conspiracy to print, publish, sell, offer for sale, distribute, display or reproduce seditious publications.

The sedition charge and one of the collusion charges were also brought against three Apple Daily-related companies — Apple Daily Ltd, Apple Daily Printing Ltd, and AD Internet Ltd.

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For most of the time during the trial, Lai, looking in good spirits, sat with his arms crossed inside a glass-walled gallery at the back of the courtroom, listening through headphones as the prosecution presented the case.  

Delivering the closing arguments on conspiracy issues in front of three national security judges — Esther Toh Lye-ping, Susana Maria D'Almada Remedios, and Alex Lee Wan-tang —prosecutor Anthony Chau Tin-hang said that Lai had been prescribed medication and was wearing a heart monitoring device, which was given to him on Friday, but he had made no complaint about his heart or general health and that he is “physically and mentally fit” to attend court.

When discussing the case, Chau argued that while the collusion agreement was formed before the implementation of the NSL, its continued existence after the law's enactment rendered it illegal.

Chau explained that the law does not require agreements to be “renewed” — defendants who maintained the same unlawful intent after the NSL took effect would be in violation, regardless of when the agreement was originally made.

Chau further noted that the prosecution need not pinpoint the exact time or location where the agreement was formed.

He also countered the defense’s argument on a “frustration” principle from Contract Law, which suggests the NSL invalidated the agreements. Chau emphasized that such agreements were never legally binding contracts, and the civil law principles are not applicable for a criminal case.  

On the definition of the collusion charges, Chau argued that the defense's interpretation would require proving both an agreement between the parties involved and confirmation that the foreign entity had received the defendant's request.

Chau emphasized that the mere act of making such requests itself violates the law.

Regarding the charge of conspiracy to publish seditious materials, the prosecution asserted that the defendant can be convicted even without proven seditious intent, provided he was aware the publications were with seditious effect.

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According to the NSL, the collusion offense carries a maximum penalty of life imprisonment if convicted.

The marathon trial began on Dec 18, 2023. The prosecution completed its presentation of evidence in June 2024, and Lai completed his testimony in March.

The closing arguments are expected to last for about eight days.

Contact the writer at stacyshi@chunadailyhk.com