A Hong Kong judge has rejected Jimmy Lai’s request for a jury trial in his libel case against a pro-Beijing newspaper. The judge, Justice Queeny Au-Yeung, ruled that the libel claims brought by the founder of Apple Daily against Ta Kung Pao involved a prolonged examination of documents and were not suitable for a jury trial.
Lai launched legal action against Ta Kung Pao in November 2020 after the newspaper published an article in June 2020 that was allegedly defamatory. The article suggested that Lai was planning to abscond from the city via illegal means and breach the bail terms imposed by the court. Lai was charged in an unlawful assembly case linked to the 2019 extradition bill protests and later arrested in August 2020 on suspicion of colluding with foreign forces.
Currently serving a jail term of five years and nine months for separate fraud charges, Lai is set to take the witness stand in late November in the national security case involving the defunct pro-democracy newspaper he founded. He could face life imprisonment if convicted.
In rejecting Lai’s request for a jury trial, Judge Au-Yeung stated that the right to a jury trial was not absolute and was at the court’s discretion. She also mentioned that jury trials may add complexity to a case, impede settlement, and add significantly to costs and time.
The judge ordered Lai to pay HK$300,000 to cover the legal costs arising from his failed application for a jury trial. The legal fees spent by Ta Kung Pao on the summons hearing amounted to more than HK$900,000. The court deemed the costs claimed by the newspaper as staggering and wide for a procedural application.
Kelly Ho, a Hong Kong-based journalist covering politics, criminal justice, human rights, social welfare, and education, has extensively covered the aftermath of the 2019 extradition bill protests and the Covid-19 pandemic. With a background in Journalism and Politics, Kelly has been documenting the transformation of Hong Kong under the Beijing-imposed national security law. Prior to joining Hong Kong Free Press, Kelly was on the frontlines covering the 2019 citywide unrest for South China Morning Post’s Young Post, focusing on sports and youth-related issues.
