The Hong Kong Media Overseas (HKMO) expresses its strongest condemnation and deepest regret over the verdict in the trial of Jimmy Lai, founder of Next Digital. In our view, the ruling not only fails to uphold the fundamental principles of a fair trial, but also reveals a profound misunderstanding by the court of the nature of journalism and its professional practices. It poses a far-reaching and substantive threat to press freedom and the free flow of information in Hong Kong.
We believe that this trial, conducted under the so-called “national security”, represents a blatant political purge of journalists and constitutes a serious and ongoing assault on the foundations of press freedom and the rule of law. Jimmy Lai has been detained since December 2020, for more than five years to date. This prolonged incarceration fully exposes the authorities’ use of procedure to erode rights and of fear to punish speech, and has become a symbolic case marking the collapse of press freedom in Hong Kong. We are deeply concerned about Mr Lai’s health in custody and the improper treatment he has reportedly endured, and we seriously question whether he is physically able to withstand and survive such a harsh sentence.
This case relies on improperly constructed charges such as “conspiracy to collude with foreign forces”, and also implicates former Next Digital CEO Cheung Kim-hung, former Apple Daily deputy publisher Chan Pui-man, former editor-in-chief Law Wai-kwong, former executive editor Lam Man-chung, former English-language executive editor Fung Wai-kwong, and former Editorial Page Editor Yeung Ching-kee. Criminalising news reporting, commentary, and editorial decisions is tantamount to placing the public’s right to know and right to scrutinise power on trial alongside the defendants.
HKMO is particularly alarmed that the court, in its judgment, characterised long-established, lawful external engagement by media organisations—including communication with overseas media, international organisations, foreign scholars, and the wider public—as “collusion with foreign forces”. Such reasoning blurs the boundary between journalistic work and political conduct, and effectively criminalises the basic principle of professional journalism. This demonstrates a failure in the judicial process to properly understand the role of the media in modern society and within a global information environment.
It must be emphasised that journalism is, by its nature, cross-regional and transnational. The gathering, verification, exchange, and dissemination of information inevitably involve international contact and external communication. Treating these normal journalistic activities as criminal risks not only departs from international standards on press freedom, but also creates a chilling effect across the entire media sector, forcing self-censorship and undermining society’s ability to access diverse and comprehensive information.
Joseph Ngan, Chair of HKMO, stated:
“Should such rulings become precedent, they will severely undermine the foundations of press freedom and the rule of law upon which Hong Kong has long built its international reputation. When courts fail to clearly distinguish journalistic professionalism from the political imagination of so-called ‘foreign forces’, what is damaged is not only individual journalists, but the public’s right to know and Hong Kong’s core values as an international city.”
HKMO calls on Hong Kong’s judiciary to re-examine the profound implications of such rulings for press freedom, and urges the courts, when handling cases involving the media, to give full consideration to the professional nature of journalism, its role in serving the public interest, and internationally recognised standards. We also urge the HKSAR government to genuinely safeguard freedom of the press and of information, and to refrain from further narrowing the space for lawful journalistic activities through judicial interpretation.
The Association will continue to closely monitor developments in related cases and maintain communication with international media and human rights organisations to ensure that the regression of press freedom in Hong Kong does not go unnoticed. We reiterate: without press freedom, there can be no truth; and without truth, society loses the foundation for making rational judgments.