Illustration: Xia Qing/GT
Jimmy Lai Chee-ying, an instigator of anti-China riots in Hong Kong, was found guilty on Monday on two charges of conspiring to collude with external forces and a charge of conspiracy to publish seditious materials. Among the series of cases related to the National Security Law for Hong Kong, the Lai case stands out as a global focal point and represents the most critical challenge to the normativity of the National Security Law for Hong Kong and the city's rule of law.
Furthermore, it is the most significant case under the National Security Law for Hong Kong, involving a series of criminal charges that simultaneously triggered both National Security Law offenses and offenses under Hong Kong's local criminal laws.
The verdict delivered by the Court of First Instance of the High Court of the Hong Kong Special Administrative Region (HKSAR) was based on strict procedural justice and common law judicial adjudication. The finding that Lai is guilty of the relevant criminal charges is fully consistent with the principles of the rule of law and the requirements of judicial justice, and it can withstand scrutiny of rule-of-law standards.
Throughout the judicial process of the Lai case, the Hong Kong courts upheld strict judicial independence and legal fairness. They proceeded from the original legislative intent of the National Security Law for Hong Kong, the city's local legal norms and the common law doctrine of precedent, to conduct professional and precise legal interpretation and judicial judgment. They did not succumb to the sanction pressure from the US and the West, nor did they fear any risks or challenges posed by this case, demonstrating the independence, professionalism and high-quality adjudication standards of Hong Kong's judiciary.
Throughout this process, the central government, the HKSAR government and Hong Kong society have shown the utmost respect and support for the city's judicial independence and the rule of law. Procedural disputes arising from the Lai case, such as issues concerning bail and the right to legal representation by overseas counsel, were handled in accordance with the National Security Law for Hong Kong and the city's rule-of-law procedures.
This case carries benchmark significance for the rule of law and serves as a paradigm for the development of common law. Since the implementation of the National Security Law for Hong Kong, a series of national security precedents has emerged, effectively advancing the common law transformation of the National Security Law for Hong Kong and facilitating its institutional "soft landing." Spanning several years before and after the judgment, the Jimmy Lai case involves, in both procedural and substantive terms, multiple key provisions of the National Security Law for Hong Kong. Its judicial interpretations and related materials constitute an important exploration and development of Hong Kong's national security common law.
This case has played, and will continue to play, a crucial role in shaping and reinforcing the social and political foundations of "patriots administering Hong Kong," as well as fostering unity and cohesion in Hong Kong society following Legislative Council elections.
Around the time the judgment in the Jimmy Lai case was handed down, the Legislative Council completed its second election under the new electoral system. Meanwhile, the Democratic Party - once the largest opposition group in Hong Kong - ultimately announced its dissolution, signaling a renewal and iteration of Hong Kong's democratic and rule-of-law development.
Facts speak louder than rhetoric; legal reasoning prevails over rumor. Every detail and the judicial outcome of the Lai case constitute proof of Hong Kong's judicial independence and the authority of its rule of law. Lai has enjoyed full protection of human rights and procedural rights throughout Hong Kong's judicial proceedings, and during his lawful detention, he has also received adequate human rights and humanitarian treatment. These judicial details underscore the normativity and vitality of Hong Kong's rule of law, but also the steadfast commitment of the HKSAR government and Hong Kong society to upholding judicial independence and the core values of the rule of law.
As the judicial process in the Jimmy Lai case concludes, the interaction and integration between the National Security Law and common law for Hong Kong will enter a new stage. The influence of Hong Kong's national security precedents within the common law system, as well as their exemplary role in global rule of law, will become even more prominent, and the legal foundations, authority and vitality of "One Country, Two Systems" will grow stronger and more resilient.
The author is a vice-dean of the Law School of Minzu University of China in Beijing and director of the Chinese Association of Hong Kong and Macao Studies. opinion@globaltimes.com.cn