Hong Kong: Jimmy Lai conviction a symbol of the ‘crushing’ of democracy
Rebecca Root, IBA Southeast Asia CorrespondentThursday 22 January 2026
"Jimmy Lai to Final Court 20210201", Studio Incendo, CC BY 2.0, via Wikimedia Commons
The conviction of media magnate Jimmy Lai in Hong Kong under the jurisdiction’s National Security Law (NSL) is ‘a landmark case’ with significant implications. ‘Lai has now become a great totem of the crushing of democracy and the rule of law’ in Hong Kong, says Baroness Helena Kennedy LT KC, Director of the IBA’s Human Rights Institute (IBAHRI).
Lai, 78, is a British-Hong Kong businessman and activist who owned media outlets including the Apple Daily newspaper. A leading voice in the pro-democracy movement, he was arrested in 2020 on charges under the NSL, which was implemented by Beijing in response to protests in Hong Kong. In December, Lai was found guilty of conspiracy to collude with foreign forces and publish seditious materials in pursuit of the ‘downfall of the Chinese Communist Party.’ He now awaits sentencing.
Lai denied the charges against him and claimed to be a political prisoner. In a statement issued after the verdict, the IBAHRI said that the trial was ‘politically motivated’ and had as its purpose to ‘destroy the most influential pro-democracy voice in Hong Kong under a veneer of legality.’ John Lee, Hong Kong’s Chief Executive, referred however to Lai’s actions as having ‘damaged the country’s interests and the welfare of Hong Kongers’.
The Hong Kong Bar Association (HKBA) told Global Insight in a statement that the judiciary operates ‘independently, apolitically and will not be affected by any external influence or external interference.’ The HKBA ‘hopes the public and anyone interested in the legal system in Hong Kong will consider the reasons for the verdict carefully and respect the judicial process’ in the jurisdiction.
The NSL criminalises secession – breaking away from China – as well as subversion, terrorism and collusion with foreign forces, allowing for broad interpretation. Since its inception, it has been used to place pressure on media outlets critical of China, including Lai’s publications – leading to their shuttering – as well as to arrest opposition figures and silence democracy advocates. By mid-2024, almost 300 individuals had been arrested under the law. ‘The NSL should be of great concern to us because it’s a way of silencing the people of Hong Kong who want to see an adherence to democracy and to the rule of law,’ says Baroness Kennedy, who’s a barrister at Doughty Street Chambers in London.
The National Security Law should be of great concern to us because it’s a way of silencing the people of Hong Kong who want to see an adherence to democracy
Baroness Helena Kennedy LT KC
Director, IBA’s Human Rights Institute
Hong Kong was previously under British rule but was handed back to China in 1997 with the understanding – under the Sino-British Joint Declaration – that Beijing would observe the existing capitalist system as well as rule of law and democracy through the ‘one country, two systems’ principle. This agreement was set to be in place for 50 years. ‘The introduction of the NSL […] really undermines that commitment to democracy,’ says Angela Flannery, Co-Chair of the IBA Communications Law Committee. She anticipates that many more individuals without Lai’s reputation will now be prosecuted under the NSL.
By convicting such a high-profile businessman, Beijing is ‘intimidating other Hong Kong media and journalists into avoiding criticism of the government and the Chinese Communist Party [CCP],’ says Denny Roy, Senior Fellow at the East-West Center, which promotes better relations and understanding among the people and nations of the US, Asia and the Pacific. ‘The verdict in Jimmy Lai’s case confirms that politically, Hong Kong is no longer distinguishable from China […] it’s a blow to hopes of democracy catching on in mainland China.’
Yao-Tai Li, Senior Lecturer of Sociology and Social Policy at the University of New South Wales Sydney, says that the case has damaged the public’s trust in the rule of law. ‘[With] all these things, you can see the death of one country, two systems. I think it will gradually shift to one country, one system,’ says Li.
Roy believes that Lai’s case will have ramifications for China’s international relations. ‘First, the conviction of Lai for collusion with hostile foreign forces underscores the Xi-era CCP’s paranoia over the subversive power of Western liberal ideas. Under these circumstances, China can do business with the West but cannot be friends with the West,’ he says.
World leaders, such as US President Donald Trump, the UK Foreign Secretary Yvette Cooper and foreign ministers from the G7 countries, have called upon Chinese President Xi Jinping to release Lai. The IBAHRI is pushing for Lai – who reportedly is in poor health as a result of his six years in captivity – to be allowed to be reconciled with his exiled family in the UK.
The trial and verdict could also lead to a withdrawal of investment and business operations in Hong Kong. ‘It should send a shiver down the backs of those who are doing business with Hong Kong because this is not a place that is going to necessarily be protecting your business interests,’ says Kennedy. Commercial and corporate lawyers ‘should think twice about whether the rights of their clients are going to be protected in the ways that they really want,’ she adds.
Chinese authorities, for their part, have criticised what they perceive as Western attempts to ‘smear’ Hong Kong’s judicial system. ‘The clumsy performances of the concerned countries and politicians cannot stop the historical trend of Hong Kong’s transition from chaos to governance and prosperity. Their threats of sanctions are doomed to be futile,’ according to Beijing.
