Shame of British judge keeping free speech hero Jimmy Lai in jail

David Neuberger condemned as ‘delusional’ for upholding a conviction against persecuted pro-democracy campaigner

The son of a UK citizen imprisoned by China warned that time is running out to save his father as a British judge in Hong Kong was condemned for helping to keep him in jail.

Sebastien Lai, son of pro-democracy newspaper tycoon Jimmy Lai, said his 76-year-old father was approaching a fourth year in solitary confinement.

Mr Lai has been locked up since 2020 and faces a life sentence under Beijing’s National Security Law, while also serving time for charges overseen by British judges.

Hong Kong pro-democracy media tycoon Jimmy Lai arrives at the Court of Final Appeal (AFP via Getty Images)

British judge David Neuberger voted on Monday to uphold Mr Lai’s conviction for taking part in anti-Beijing protests alongside 1.7 million others in 2019. Mr Lai was sentenced to 14 months in prison.

But former Hong Kong governor Chris Patten said it was “obvious” the case Lord Neuberger upheld was an “act of vengeance” by the city-state’s government.

Lai has been locked up since 2020 and faces a life sentence under Beijing’s National Security Law (AP)

“It is perfectly obvious in this case that the proceedings brought against him are an act of vengeance against Mr Lai,” Lord Patten told The Independent.

“I am sure he has been singled out. He is hated by the Chinese Communist Party because he represents all the things that made Hong Kong a prosperous society.”

As a boy, Mr Lai fled Mao’s China, made a fortune in the garment trade, then launched his media business and turned it into the loudest voice in support of democracy in Hong Kong.

He could have escaped once again. Instead, he chose to stay through the city’s last mass movement in 2019, when he walked in peaceful marches and studiously avoided the violent fringe of the protests.

Lord Patten added: “I assumed overseas judges would be concerned with protecting the common law, not giving legitimacy to the sort of laws applied in a vengeful way by a tin pot dictatorship.

British judge David Neuberger voted to uphold Mr Lai’s conviction for taking part in anti-Beijing protests in 2019

“It is a delusion for Lord Neuberger to think he is standing up for the rule of law by taking part in this sort of case. The people who have been found guilty have done far more for the rule of law in Hong Kong than any British judge.”

Lord Neuberger told The Independent he would not comment on his judgment as it had to “speak for itself” and previously vowed to stay on as a judge. He said he would “support the rule of law the best I can”.

More than 1,800 political prisoners have been detained in Hong Kong in a crackdown since mass pro-democracy protests in 2019.

Two British judges quit Hong Kong’s Court of Final Appeal in June and warned the territory was “slowly becoming a totalitarian state” with the rule of law “profoundly compromised”.

More than 1,800 political prisoners have been detained in Hong Kong in a crackdown since mass pro-democracy protests in 2019 (AP)

Mr Lai’s appeal centred on the questions of whether his conviction was proportionate to fundamental human rights protections set out in a pair of non-binding decisions by Britain’s Supreme Court known as “operational proportionality”.

But Lord Neuberger’s judgment said the British court’s decisions should not be followed in Hong Kong as there is a difference between the legal frameworks for human rights challenges in the two jurisdictions.

How we highlighted Jimmy Lai’s plight in December (The Independent)

Pro-democracy campaigner Simon Cheng, who fled to the UK and has since had a HK$1million (£100,000) bounty put on his head, said lawfare used against Mr Lai was “intended to suppress anyone’s spirit to fight against the Chinese Communist Party”.

“As someone who now lives in the UK and is still targeted by Beijing, this is not just about persecution in Hong Kong, but transnational repression across the world,” Mr Cheng added.

British judges have sat on the Hong Kong’s Court of Final Appeal since 1997 on a non-permanent basis as part of an agreement when the city was handed back to China by the UK. The judges have all retired from their UK roles. The arrangement was intended to help preserve the rule of law, provide expertise to local lawyers and reassure businesses and financial markets.

Pro-democracy Simon Cheng, who fled to the UK and has since had a HK$1million bounty put on his head (Facebook)

Lord Neuberger and Leonard Hoffmann remain on the court. Jonathan Sumption and Lawrence Collins resigned in June.

Now, Sebastien Lai has told The Independent: “My hope is that my father gets out of jail before it is too late. Given that he is almost 77 years old and has spent more than three-and-a-half years in solitary confinement on sham charges, time is not on our side.

“Having already called for his release, the UK government must be more proactive on his case and take steps to ensure it.”