Hong Kong tycoon Jimmy Lai’s lawyers accuse ex-top aide of tailoring testimony to implicate Apple Daily founder in national security case

Cheung Kim-hung’s sworn statement in 2021 runs contrary to his court testimony that Apple Daily ‘strictly adhered to the principle of editorial independence,’ defence says
The defendant-turned-prosecution witness says he was only responsible for high-level strategic planning and general business operation of parent company Next Digital

Jimmy Lai trial

Brian Wong

Published: 4:25pm, 31 Jan 2024

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Hong Kong media mogul Jimmy Lai Chee-ying’s lawyers have accused a former top aide of tailoring his court testimony to implicate the tycoon in exchange for a shorter sentence for his role in a national security case involving the now-defunct Apple Daily tabloid.

The defence on Wednesday took aim at a sworn statement submitted by ex-publisher and defendant-turned-prosecution witness Cheung Kim-hung in his failed attempt to secure bail after his prosecution in June 2021 under the Beijing-imposed national security law.

Cheung said in the statement that he was only responsible for high-level strategic planning and the general business operation of Apple Daily’s parent company Next Digital, and was “not in any way involved in … setting the editorial policies and practices” of the newspaper.

Cheung Kim-hung at the Next Digital office building in Tseung Kwan O, as police officers raid Apple Daily offices in June 2021. Photo: Winson Wong

Defence Senior Counsel Robert Pang Yiu-hung argued that submission was inconsistent with the witness’ earlier contention that he had conveyed Lai’s editorial instructions to senior editorial staff and oversaw the latter’s operation.

Cheung’s evidence in court also ran contrary to his own assertion in the 2021 statement that Apple Daily “strictly adhered to the principle of editorial independence”, the lawyer continued.

“I put to you, Mr Cheung, that your evidence in your affidavit … is inconsistent with your testimony in court, because you want to put the blame on Mr Lai,” Pang said as the national security trial entered its 20th day.

“You are doing so in the hope that you will receive a lighter sentence for the charge to which you have pleaded guilty.”

Cheung disagreed with the comments.

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The 76-year-old tycoon has denied two conspiracy charges of collusion with foreign forces under the national security law, as well as a third count of conspiracy to print and distribute seditious publications under colonial-era legislation.

Cheung and five other senior executives are currently behind bars pending sentencing after pleading guilty to a charge of conspiracy to collude with foreign forces. He and two co-accused have agreed to provide evidence for the prosecution in exchange for lighter penalties.

Lai’s legal team on Wednesday sought to prove that editorial staff had been free of the tycoon’s interference and were aware of the legal risks involved in covering news.

Pang referred the court to a WhatsApp exchange between Lai and Cheung on July 1, 2020, the first day after the national security law came into force.

Lai said he was “taken aback” by the new legal text and told Cheung to come up with “countermeasures”. “[We] cannot afford to be reckless,” the tycoon added.

Apple Daily founder Jimmy Lai was arrested in August 2020. The tycoon has denied two conspiracy charges of collusion with foreign forces and a third count of conspiracy to print and distribute seditious publications. Photo: Felix Wong

The court heard senior editors also set up various chat groups to discuss possibly sensitive issues without Lai’s involvement.

Examples raised in court included whether to describe the city’s new electoral regime designed to ensure only those deemed “patriotic” could hold public office as “castrating” as well as the use of the expression “Wuhan pneumonia” in stories related to the Covid-19 pandemic.

Another discussion between the editorial and the advertising departments involved the use of the slogan “Liberate Hong Kong; revolution of our times” in one of the newspaper’s publications.

In March 2021, editors decided to pull a year-old article by legal scholar Benny Tai Yiu-ting on “10 steps to real mutual destruction” after assessing the risk of keeping it afloat.

Apple Daily also held seminars about the national security law to enhance staff understanding of the new legal regime, the court heard.

Pang submitted these actions were done to minimise the risks of crossing the red line.

Apple Daily turned ‘radical’ after Jimmy Lai met US officials, Hong Kong court hears

Cheung agreed, saying that a national security crackdown on Apple Daily was already “imminent” by April 2021, when government officials began contemplating a new law to tackle “fake news” and naming the tabloid as one of their primary targets.

“From that time onwards, the company had heard many rumours about Apple Daily not being able to survive after July 1 [the anniversary of Hong Kong’s return to Chinese rule], as well as sayings that Apple Daily would close down themselves,” the witness said.

Cheung also noted that even prominent commentator Chip Tsao, a former Apple Daily columnist, said at the time that nobody would blame the tabloid for folding under the present circumstances.

Lai, however, insisted that the newspaper continue operations until it was “suppressed” by authorities, the ex-publisher continued.

“The point, Mr Cheung, was that the editorial direction of Apple Daily had to change according to the change in the law, isn’t that right?” Pang asked the witness.

“Yes,” Cheung replied. “The most important thing is the flow of things [was against us].”

The trial continues on Thursday.

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