Jimmy Lai trial: Hong Kong court hears colonial-era sedition charge against media tycoon should be dismissed because of time bar
- Lai’s legal team focuses on sedition charge against media mogul under colonial-era law, instead of Beijing-imposed national security legislation, on first day of trial
- Queue stretched from entrance of West Kowloon Law Courts Building earlier in morning as dozens of attendees braved chilly weather for ticket to trial
A sedition charge against Hong Kong media tycoon Jimmy Lai Chee-ying should be dismissed as it was laid after the permitted prosecution time frame, a court heard on Monday during the Apple Daily founder’s long-awaited national security trial, which opened amid a heavy police presence.
Lai’s legal team of six, led by Robert Pang Yiu-hung SC, focused on the sedition charge against the media mogul under a colonial-era law, rather than the Beijing-imposed national security legislation.
Pang argued that the prosecution had passed the time limit for charging Lai, as the colonial-era sedition law stated that charges must be laid within six months of the alleged offence, which involved suspected seditious publications spanning from April 1, 2019 to June 24, 2021.
Pang said Lai was only brought before the court for the first time on December 28, 2021, adding the prosecution was four days behind the “time bar”, pointing to Section 159 of the Crimes Ordinance, which stated the time limit applied to such proceedings had expired.
“[The prosecution] is out of time therefore there’s no jurisdiction for the court,” Pang told the three judges – Madam Justices Esther Toh Lye-ping and Susana D’Almada Remedios and Mr Justice Alex Lee Wan-tang – approved by the chief executive to hear national security cases.
