Judge Denies Jury Trial Request

In a significant ruling, a Hong Kong judge has dismissed Jimmy Lai's request for a jury trial in his libel lawsuit against the pro-Beijing newspaper Ta Kung Pao. The court also ordered the beleaguered media tycoon to pay HK$300,000 in legal costs stemming from his unsuccessful motion.

Background of the Libel Case

The libel case, initiated by the founder of the now-defunct Apple Daily in November 2020, revolves around an article published by Ta Kung Pao in June 2020 that Lai claims contains defamatory content. Justice Queeny Au-Yeung determined that the nature of the allegations involved extensive documentation, making a jury trial inappropriate.

Content of the Defamatory Article

The contentious article was headlined, "Leaders who create chaos in Hong Kong plotting escape, escape route exposed, charge one million dollars." Lai's legal team argued that this article insinuated he was attempting to flee the city illegally, thus violating bail conditions associated with his previous charges from the 2019 protests against the controversial extradition bill.

Lai's Ongoing Legal Challenges

Since his initial arrest in August 2020 for alleged collusion with foreign forces, Lai has faced a myriad of legal challenges. He has been held in custody since December 31, 2020, after the city’s high court overturned his HK$10 million bail. Currently, Lai is serving a sentence of five years and nine months for unrelated fraud charges and faces the possibility of life imprisonment in a separate national security trial scheduled to resume in November.

Criticism of Ta Kung Pao

Lai's legal team criticized Ta Kung Pao for engaging in a ‘campaign of intense hostility’ against him, citing the publication’s repeated derogatory articles. The newspaper defended its stance by arguing that its comments were fair and held public interest, invoking the "Reynolds defense." This defense is designed to protect journalists who publish allegations in good faith, even if proven false.

Judge's Rationale Against Jury Trial

While issuing her judgment, Justice Au-Yeung emphasized that the right to a jury trial is not absolute and is contingent upon the complexities of a case. She noted that a jury trial could complicate proceedings, prolonging the trial and increasing costs considerably, given the extensive documentation required for review, which exceeds 1,200 pages.

Implications for Press Freedom and Dissent

Judge Au-Yeung further reasoned that legal nuances surrounding the "Reynolds" defense would make a jury's task of discerning facts from law even more challenging. Her written judgment indicated skepticism about the efficiency of a jury trial, stating that a judge could streamline the process by reviewing submissions in advance, leading to a more efficient trial overall.

Conclusion and Future Concerns

In addition to paying HK$300,000 to Ta Kung Pao for legal expenses, Lai's ongoing legal struggles underscore the precarious situation for press freedom and dissent in Hong Kong, particularly concerning critics of the government. With his national security trial looming, the stakes remain perilously high for the media mogul whose publications once challenged the status quo in the city.

As Lai's situation develops, it attracts international attention and raises critical questions about the future of free expression and judicial fairness in Hong Kong's increasingly politicized landscape.