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Chinese criminal case a trial for press freedom

As Christians around the world prepare today to celebrate the birth of Jesus Christ, one man will do his worship and preparations alone in an Asian prison cell.

That’s where Hong Kong’s famous activist publisher Jimmy Lai is being held — in solitary confinement, no less — facing criminal charges that could keep him locked up for the rest of his life.

The criminal trial of Lai, 76, is underway in Hong Kong where he was arrested in 2020 during a crackdown on the city’s pro-democracy movement following massive protests in 2019. Lai faces a possible life sentence if convicted under a national security law imposed by Beijing. He was charged with colluding with foreign forces to endanger national security and conspiring with others to put out seditious publications.

Washington Post columnist Kathleen Parker last week wrote that the charge stemmed from Lai’s previous visits to the United States, where he met with dignitaries like U.S. Sen. Mitch McConnell, U.S. Rep. Jim McGovern, Sen. Todd C. Young, Rep. John Lewis and Rep. Nancy Pelosi.

Lai also is charged with sedition because his newspaper had criticized China’s increasing crackdowns on Hong Kong’s freedoms. For these “crimes,” Lai has received several journalism awards. His attorneys have asked judges to throw out the sedition charge that has been increasingly used by the Chinese government to target dissidents. The defense motion hinged on whether the charge was filed beyond the time limitation of six months. As of this writing, the judges had not yet ruled on that defense motion — but I’m not holding my breath.

His landmark trial — tied to the now-shuttered pro-democracy newspaper Apple Daily founded by Lai — is widely seen as a trial for press freedom and a test for judicial independence in the former British colony, which was promised to have its western-style civil liberties remain intact for 50 years after returning to Chinese rule in 1997.

The Associated Press reported that after Lai walked into the courtroom Tuesday, he smiled and waved to his supporters just as he did the day before. He also subtly blew a kiss to the public gallery. A supporter chanted, “Hang in there!”

The decision on Lai’s guilt or innocence will be decided by state judges. There is no jury in the trial that is expected to last 80 days.

Lai has been described as a fearless fighter and a man of deep faith. He could have fled before his arrest but refused to abandon Hong Kong to save himself. In her column, Parker described him as a convert to Catholicism who might well consider his tribulations in consonance with the sacrifice often required in the pursuit of truth. She said some of his friends with whom she has spoken suggest that Lai may see his confinement in terms of a monastic life. He spent his days, at least before his trial began last week, studying theology and sketching religious drawings.

Lai’s prosecution has drawn criticism from the United States and the U.K. In Washington, U.S. State Department spokesperson Matthew Miller reiterated calls for Lai’s release last week, saying, “We have deep concerns about the deterioration in protection for human rights and fundamental freedoms in Hong Kong and that includes the rule of law,” according to reports from The Associated Press.

Beijing dismissed criticisms from western governments, and Hong Kong leader John Lee said he was confident in the city’s judicial system and in the professionalism of its courts.

The situation is dire for both Lai and for any hope of returning freedoms to Hong Kong — particularly press freedoms that were embraced there just a few years ago.

Indeed, the scenario should serve as a reminder to all of us about the freedoms we, in America, hold dear — chief among them our First Amendment that ensures press freedom.

As so many Americans today are increasingly critical of U.S. news media, this story should send a clear message that freedom of the press must be celebrated for its critical role in informing the public and helping to preserve our democracy.

Let’s face it, if press freedoms weren’t so important, powerful leaders in unitary states like China would not be so frightened and intent on destroying them.

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