Jimmy Lai’s Apple Daily ran articles critical of authorities for commercial reasons but avoided those promoting Hong Kong independence, criminal acts, court hears

Lai’s legal team says Apple Daily selected articles with common political perspective to accommodate readers but witness Yeung Ching-kee denies outlet’s approach was purely commercial
‘When Mr Lai set a principal stance for Apple Daily, it was like setting a birdcage,’ he says

Jimmy Lai trial

Brian Wong

Published: 5:01pm, 12 Mar 2024

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Apple Daily published commentaries critical of Hong Kong authorities for commercial reasons but avoided articles that promoted the city’s independence or criminal acts, founder Jimmy Lai Chee-ying’s legal counsel has said.

Lai’s legal team on Tuesday argued the now-defunct tabloid had selected articles with a common political perspective to accommodate readers out of fear that they would switch to other newspapers if they were not happy with the views expressed.

But former editorial writer Yeung Ching-kee, who was testifying for the prosecution, denied Apple Daily’s approach was purely a commercial decision.

He said the political stance of contributors remained an essential consideration in the newspaper’s forum section.

The final edition of Apple Daily. The court has heard that the now-defunct tabloid published articles critical of the government. Photo: Felix Wong

He also described the extent of the outlet’s editorial freedom as “birdcage autonomy”, a term borrowed from local politics that meant something was being controlled.

“When Mr Lai set a principal stance for Apple Daily, it was like setting a birdcage,” Yeung told West Kowloon Court as the high-profile national security trial entered its 43rd day.

“So editorial staff enjoyed a certain level of freedom and autonomy within this birdcage, but that [flexibility] could not exceed this boundary, that it could not be greater than the birdcage, so it is not as simple as to say whether there was editorial independence or not.”

Lai, 76, has pleaded not guilty to two conspiracy charges of collusion with foreign forces under the Beijing-decreed national security law, and a third count of conspiracy to print and distribute seditious publications under colonial-era legislation.

Prosecutors seek to establish a case that Lai had exercised complete control over Apple Daily to instigate international sanctions on mainland China and Hong Kong officials, as well as foster public hatred towards authorities.

Former publisher Cheung Kim-hung and associate publisher Chan Pui-man, both prosecution witnesses, corroborated the prosecution’s narrative in their earlier evidence.

Apple Daily Building in Tseung Kwan O. Photo: May Tse

Senior defence counsel Robert Pang Yiu-hung on Tuesday drew the court’s attention to various text messaging records in 2019 to show that Yeung, who oversaw Apple Daily’s commentaries, had made independent decisions to refuse publication of certain writings, including one recommended by Lai.

Yeung explained that turning down his former boss’ suggestion was more than a simple “no” and said “there were other communications via different channels”.

The witness agreed that Apple Daily would not publish articles that supported Hong Kong independence or illegal acts, but noted writings that fell into the “grey area” of the law might be able to proceed to print.

He said he would ask authors to amend their writings to fit Apple Daily’s needs, adding he could be fired for failing to ensure contributors shared the tabloid’s values.

But he confirmed Apple Daily tried to engage former government officials or pro-establishment figures to become regular writers in 2018, such as former Legislative Council chairman Jasper Tsang Yok-sing and former financial secretary John Tsang Chun-wah.

Pang also highlighted a 2020 article by Taiwan International Strategic Study Society director general Wang Kun-yi, who cast doubt on how United States sanctions on China could help Hongkongers.

Yeung admitted it was “awkward” to publish the article which was inconsistent with Apple Daily’s stance, but the tabloid could not “go back on its words” and ban its publication.

The trial resumes on Wednesday when activist Andy Li Yu-hin, the most prominent fugitive among 12 Hongkongers arrested by mainland authorities four years ago, is expected to take the stand.

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