Ivan Cheung Cheuk-kan, for the prosecution, suggested Lai had told Apple Daily staff to “keep going”, as seen in a text message by former publisher Cheung Kim-hung concerning a prison visit to the mogul that month.

Mr Justice Alex Lee Wan-tang, one of three judges on the bench, questioned the relevance of the assertion, noting that Cheung’s account of the remark was hearsay and inadmissible.

“Are we going to infer guilt just simply because Mr Lai said ‘hang in there’?” he asked.

Lee also noted the co-conspirators’ rule, which allows for evidence of acts and statements by an accused to be used against other accomplices in a conspiracy, did not apply in the present case.

But Cheung said he would deal with the issue in closing submissions, insisting the alleged statement could infer Lai’s intent when considering the evidence as a whole.

The prosecution also put their final questions to former associate publisher Chan Pui-man, a defendant turned prosecution witness, after her cross-examination concluded on Friday, the 36th day of the trial.

Lai also felt peaceful protesters should not alienate their “valiant” counterparts, Chan told the court.

Jimmy Lai had final say on Apple Daily’s reportage, Hong Kong court hears

The witness explained the blank front page was decided after a “prolonged debate” within the newsroom as to whether reporters could take part in the strike.

Chan said the move was the result of a collective decision by senior management. “So, it explained why the management could not take part in this strike, but still made our stance clear,” she added.

Hong Kong court hears Jimmy Lai did not tell newspaper to create sanctions list

The ex-associate publisher said she had opposed the idea, feeling it would not fit with serious journalistic work, but the tycoon insisted and felt the move would make the tabloid’s storytelling more “lively”.

Prosecutors are expected to call their next witness, former editorial writer Yeung Ching-kee, when the trial resumes on Monday.