Witness against Hong Kong mogul Jimmy Lai was mistreated, reporting finds

The piercing sound of a whistle minimize via the calm. A speedboat, carrying 5 or 6 uniformed males, all armed, pulled alongside. They ordered the boat’s driver to show off the engine. A second, a lot larger vessel quickly arrived — “CHINESE COAST GUARD” in daring lettering on its aspect — making clear what they already knew: It was over.

A yr earlier than, mass protests had erupted of their metropolis, turning these younger Hong Kongers into avenue fighters and worldwide advocates. After Beijing handed a draconian new nationwide safety legislation that may crush the territory’s remaining freedoms and impose lengthy jail sentences on pro-democracy activists, they tried to flee — solely to be apprehended in worldwide waters by China. The account of their seize at sea is described right here for the primary time from courtroom paperwork obtained by The Washington Put up and other people aware of how the occasion unfolded.

Amongst these on board was a person who would quickly emerge for Beijing as a prized seize: Andy Li Yu-hin. Greater than three years later, his place within the remaking of Hong Kong in China’s picture is changing into clear.

On Monday, Hong Kong’s highest profile trial because the 2020 crackdown will start. Li’s testimony can be key to the federal government’s case towards Jimmy Lai, the billionaire media mogul and founding father of Apple Each day, the unbiased newspaper that has now been shut down. Lai is charged beneath the nationwide safety legislation with “colluding with international forces.” The Hong Kong authorities will use the prosecution to color a story of the 2019 protests as a U.S.-directed plot geared toward destabilizing China, as a substitute of the grass-roots-organized demonstrations they had been, legal professionals and analysts aware of the case say.

Li, a 33-year-old gifted programmer who through the protests grew to become a big participant in worldwide lobbying and fundraising efforts, has already pleaded responsible beneath the nationwide safety legislation for his personal position within the democracy motion, and he’s anticipated to tie Lai to an alleged international conspiracy towards Hong Kong and China.

However Li was mistreated whereas in Chinese language custody, a year-long Washington Put up examination of the case discovered, elevating questions on whether or not his testimony can be voluntary and dependable. The Put up’s reporting reveals beforehand undisclosed particulars concerning the coercive therapy of the 12 escapees, particularly Li, by Chinese language authorities, and Li’s reemergence and continued detention in Hong Kong after seven months of isolation in China.

“They’ve a plot line, a sort of story,” mentioned Beatrice Li, Andy’s sister, of the prosecution. “And they should match the characters in.”

This story attracts on courtroom paperwork from each Hong Kong and mainland China, CCTV footage and letters from jail obtained or reviewed by The Put up, in addition to interviews with a number of individuals aware of the experiences of these on the boat and their detention on the mainland, and with individuals near each Li and Lai. Some individuals spoke on the situation of anonymity due to the sensitivity of the case or as a result of they feared for their very own safety; most spoke solely to The Put up. They mentioned they agreed to be interviewed as a result of they concern the case can be used to rewrite the narrative of Hong Kong’s 2019 protests and needed a historic document of the details.

The confluence of occasions that introduced the mogul and the previous activist collectively as defendant and witness is testomony to how far the independence of the town’s courts has eroded because the nationwide safety legislation was imposed by Beijing in June 2020, legal professionals and democracy activists say — and the way the Hong Kong courts now resemble the system of justice in mainland China the place coerced testimony is routinely used to safe convictions. Hong Kong police have started airing confessions from jailed protesters on tv, mirroring the long-established practice of public, compelled confessions in China.

“We don’t have any religion within the course of inside Hong Kong,” mentioned Caoilfhionn Gallagher, the Irish human rights lawyer who leads Lai’s worldwide authorized crew. “Jimmy Lai is being prosecuted beneath a legislation which mustn’t exist, in a system which has turn out to be profoundly unfair.”

Lai’s Hong Kong-based authorized crew declined to remark, citing a follow of not talking forward of trials.

Lai, 76, has already been convicted of different crimes, together with illegal meeting and fraud, however the nationwide safety cost is essentially the most critical, punishable by as much as life in jail. Imprisoned since December 2020, he spends 23 hours a day in solitary confinement.

A spokesman for the Hong Kong authorities, in a written response to questions from The Put up, mentioned all prosecutorial choices by the Hong Kong Division of Justice “are based mostly on admissible proof” and that Hong Kong “enjoys unbiased judicial energy” with courts and judges who’re “free from any interference.”

“Instances won’t ever be dealt with any in another way owing to the career, political views or background of the individuals concerned,” the spokesman mentioned. “To counsel in any other case is utter nonsense with out regard to goal details.”

China’s nationwide public safety bureau and the Shenzhen municipal public safety bureau didn’t reply to requests for remark. China’s international ministry said ahead of the trial that “Jimmy Lai is without doubt one of the most infamous anti-China components bent on destabilizing Hong Kong and a mastermind of the riots … chargeable for quite a few egregious acts.”

Pending his look as a witness, Li is being held in a Hong Kong psychiatric facility and couldn’t be reached for remark; different prosecution witnesses in delicate trials are additionally detained at this secluded unit. Li, who has turn out to be a religious Christian in his time in detention, spends his days studying languages — Ukrainian and Arabic are his present focus — fixing crossword puzzles and reciting Psalms, in line with individuals aware of his scenario.

A brand new, leaderless type of protest

Jimmy Lai’s story is lore in Hong Kong. Many within the metropolis can recite how he arrived within the metropolis as a stowaway from China when he was 12, toiling as a toddler laborer in a garment manufacturing facility, solely to finally discovered a preferred clothes model of his personal, after which direct his wealth towards pro-democracy causes. It was the June 4, 1989, crackdown on Tiananmen Sq. in Beijing that prompted his flip to media. It was “the enterprise of freedom, of delivering freedom,” Lai said in a 2016 interview. In 1995, as Hong Kong’s handover to China approached, he based Apple Each day together with his personal cash.

Andy Li’s childhood was, in contrast, unexceptional. He was raised by mother and father who had been apolitical. His household didn’t attend the yearly vigil commemorating the June 4 bloodbath. The Li household believed it was higher to “simply dwell your individual life,” Beatrice Li mentioned, “and simply don’t get entangled.”

As Li grew, he most popular solitude, typically getting misplaced in books and his pc. He shortly emerged as a gifted pupil, incomes a spot on the prestigious Diocesan Boys’ College, a 154-year-old Anglican boys college. Li selected to remain within the metropolis for college, acquiring a bachelor’s of enterprise administration from the Chinese language College of Hong Kong. He additionally taught himself Japanese.

In June 2019, greater than one million individuals took to the streets to peacefully oppose a invoice that may enable the switch of fugitives from Hong Kong to locations it didn’t have an extradition treaty with — notably mainland China. Amongst Hong Kong’s most prized establishments had been its frequent legislation courts, the place defendants could possibly be assured the precise to bail, a good trial, authorized illustration and different ensures absent on the mainland. The invoice threatened to erode the authorized firewall between the 2 territories.

As demonstrations roiled metropolis streets, apps akin to Telegram and the LIHKG on-line discussion board had turn out to be an extension of the motion, locations the place strategies of resistance and new concepts had been debated and voted on by the collective. A bunch of Hong Kong-based teachers in a 2021 paper wrote that the LIHKG discussion board, specifically, contributed to the “energy and sustainability” of the motion and helped articulate justifications for extra “radical” techniques. Li discovered his solution to the net group Stand With Hong Kong (SWHK), his colleagues mentioned, and have become one of many many younger Hong Kongers who had been driving this new, leaderless type of protest.

SWHK activists had been nameless, each to the world and — at the least in the beginning — to 1 one other. They labored throughout cities and time zones. But, personalities began to emerge: Li’s as awkward, with jokes that by no means appeared to land, and as a workaholic who by no means slept.

“We’d typically tease him: ‘are you truly a pc?’” mentioned Catherine Li, a former member of SWHK who just isn’t associated to Andy.

SWHK grew right into a formidable lobbying power, targeted on worldwide advocacy. Info on what was underway in Hong Kong was translated and disseminated into completely different languages; Li was amongst those that helped with Japanese. SWHK launched a number of crowdfunding campaigns, which raised thousands and thousands for his or her work, together with to fund advertisements supporting the protests in worldwide papers. The campaigns had been a serious success, however for one catch: The funds that had been raised on the web site GoFundMe wanted to be deposited in a U.S.-based checking account.

A number of the crowdfunded cash was transferred to the private checking account in New York of one in all Lai’s executives, Mark Simon, an American, and finally to Andy Li’s private checking account in Hong Kong, in line with courtroom paperwork. Simon was then the group director for Subsequent Digital, Apple Each day’s dad or mum firm.

Supporting the pro-democracy motion via the media “was what we had been doing all alongside,” mentioned Simon in an interview. Apple Each day would print tens of 1000’s of additional copies on important protest days within the metropolis. “What these guys had been doing with the advertisements … was a part of this system.”

Li, his colleagues and sister mentioned, was prepared to play that position as a result of he felt financially unbiased as a contract programmer, not like others based mostly in Hong Kong who could possibly be fired by their pro-government companies.

Li dropped his anonymity and have become a consultant of this decentralized motion in worldwide boards. He appeared in-person at a United Nations Human Rights Council assembly on China in Geneva in September 2019, and he helped organize an observation mission forward of native elections in Hong Kong that November.

“If he’s already the one in danger, then let’s put all danger in that basket, reasonably than introducing danger to another person,” Beatrice mentioned of her brother’s choice. On the time, nothing they had been doing was unlawful — not fundraising overseas, lobbying international governments or elevating consideration for the motion.

The temper began to shift in early 2020 because the pandemic ended momentum on the streets. With the town quietened, Beijing handed the nationwide safety legislation, introducing 4 obscure new crimes — secession, subversion, colluding with international forces and terrorism. On Aug. 9, 2020, nationwide safety police fanned out throughout the town of their first sweep beneath the brand new order. Jimmy Lai and his two sons had been arrested, whereas a whole bunch of officers raided the places of work of Apple Each day.

Lai’s profile was so giant that few paid consideration to the others arrested that day. Amongst them was a person police named as Li Yu-hin. Family and friends simply known as him Andy.

Police in Hong Kong launched Li after the 48-hour obligatory bail interval however held his passport. In addition they seized gadgets from his dwelling — a number of laptops and telephones, and a doc with an inventory of Hong Kong officers that activists believed ought to be focused by U.S. sanctions.

The arrests shattered the world of Li and different activists. SWHK descended into infighting, believing the arrests had put the remainder of them — nonetheless nameless — at risk. Li’s sister Beatrice, who had publicly campaigned beside him, left Hong Kong. Li himself grew to become more and more agitated as he tried to discover a means out of the town with out his passport, colleagues mentioned.

“He was doing plenty of issues he usually wouldn’t do, like giving out his private data to others. That’s not a typical Andy Li factor,” mentioned a former colleague at SWHK. In these weeks, the particular person mentioned, “Andy didn’t seem to be a robotic anymore … it turned out he was extra emotional than us.”

Since early 2020, some younger Hong Kong activists dealing with prison prices, aided by a bunch of volunteers, had began planning to go away Hong Kong for Taiwan by boat. The designated captain and a few others ready for the journey by training crusing out on the open seas. They pretended to be fishing fans and bought rods, reels and hooks — but in addition satellite tv for pc telephones and binoculars.

Li and one other younger man grew to become last-minute entries, identified to the group merely as “No. 11” and “No. 12,” in line with Chinese language courtroom paperwork.

Late on Aug. 22, Quinn Moon, the organizer of the operation and the one lady on the boat, instructed the others they’d be leaving the following morning and to collect on the Po Toi O pier, in line with Hong Kong courtroom paperwork. Moon is in jail in Hong Kong and couldn’t be reached for remark. CTV footage captured there simply after daybreak on Aug. 23, 2020, present a number of younger males with surgical masks, most in black T-shirts. They seemed like informal day-trippers — save for the heavy jerrycans of gas they carried.

Relentless interrogation in China

After the 12 had been intercepted, Chinese language coast guard officers introduced them onto the coast guard ship and handcuffed them. The temper within the cabin was despondent as they sailed north for over an hour. After they tried to whisper to 1 one other, the armed guards shouted at them to close up, in line with individuals aware of the occasions.

After they landed, they had been bused to a police station, then to a hospital the place their blood was drawn, earlier than being taken to a detention middle in Yantian, a Shenzhen district separated from Hong Kong by only a slender inlet. They had been instantly separated and saved in single cells.

For the primary three months, in line with a number of individuals aware of the circumstances, they had been confined to those solitary cells, the place two guards on shift took turns to look at them around-the-clock, whilst they went to the lavatory. The lights had been all the time on. Through the day, they had been compelled to sit down cross-legged on a concrete stool till their joints grew sore, besides throughout mealtimes or interrogations. Strolling across the cell was typically not permitted. At evening, they had been woke up at random hours, for no obvious motive. They had been by no means allowed outdoors.

The interrogations had been relentless throughout these preliminary months, the individuals aware of the circumstances mentioned. Guards threatened to ship them to Xinjiang — the place the Chinese language authorities has arbitrarily detained greater than one million Muslim Uyghurs and subjected them to torture, compelled sterilization, surveillance and different circumstances, in line with the United Nations — if they didn’t element their tried escape.

Many of the 12 weren’t bodily abused, however seven individuals aware of circumstances on the middle mentioned screaming might “constantly” be heard coming from one cell: Li’s.

“It’s possible that what [Li] confronted inside was 10 instances worse” than the remaining, one particular person mentioned.

After his arrest in Hong Kong and earlier than he boarded the boat, Li had entrusted somebody with managing his passwords, hoping they may get into his social media accounts and safe them ought to one thing go mistaken. When the particular person opened his Fb account, they noticed that it had been accessed after his detention in China. The time period “crowdfunding” had been entered in Fb’s search field, the particular person mentioned. “They had been already in search of these hyperlinks, that monetary hyperlink,” the particular person added.

In Hong Kong, distinguished activists akin to Joshua Wong took up the reason for these detained in mainland China. Hashtags akin to #save12 and #bringthemback went viral within the metropolis. Beatrice began an account on Twitter, renamed to X this yr, under the username “andy_is_missing” to boost consciousness about her brother’s plight.

Li’s household acquired their first letter from him in late November 2020. Li wrote that he was “neither bullied nor overwhelmed up” and that he had “employed a lawyer” who helped him navigate authorized procedures within the mainland. To Beatrice, he wrote: “don’t proceed what you might be doing, it’s time to cease.”

“I’ve mirrored right here, noticed the scenario extra clearly, and there’s no future in carrying on,” Li wrote. “Have a look, I’m an instance.”

Relations of the 11 others acquired letters that contained comparable wordings or phrases, significantly because it associated to the circumstances in detention.

Moon and the driving force of the boat, Tang Kai-yin, had been charged as organizers of the escape and sentenced to 2 and three years in jail respectively. Eight, together with Li, had been charged with illegally crossing into China and sentenced to seven months; two minors within the group had been returned to Hong Kong. All “voluntarily” pleaded responsible, in line with mainland courtroom paperwork.

Colluding with international forces

Chan Tsz-wah, a former colleague of Li’s, was nonetheless asleep at dwelling in February 2021 when Hong Kong police knocked on his door. He barely had time to dress earlier than they declared he was beneath arrest beneath the safety legislation. Jimmy Lai, already in jail, was rearrested, accused of assisting in Li’s escape.

As they interrogated him, nationwide safety police instructed Chan that Li had “betrayed” his associates and instructed mainland police “all the pieces, about everybody,” in line with an individual aware of the matter.

Li was returned to Hong Kong by mainland authorities on March 22, 2021, and brought to the Siu Lam Psychiatric Middle. Li’s household was unable to safe him unbiased authorized illustration, his sister mentioned, and he continues to be represented by legal professionals who’ve robust authorities ties.

A 2021 paper by the Middle for Asian Regulation at Georgetown College pinpointed Li’s case as echoing “the follow of manipulating, and even dictating, authorized illustration for defendants in politically delicate circumstances” which is “all too frequent on the Mainland.”

Legal professionals for Li didn’t reply to requests for remark.

Li and Chan had been charged with colluding with international forces, alongside Lai. The federal government’s assertion of details characterizes the younger males as being a part of a “syndicate” that “conspired with different” individuals to request international governments sanction or “interact in different hostile actions” towards Hong Kong and China.

“Lai and Simon had been the masterminds and monetary supporters behind the scene and on the highest stage command of the syndicate,” the paperwork state, referring to Mark Simon, Lai’s American affiliate whose checking account was briefly used to carry funds for SWHK.

In August 2021, Li and Chan pleaded responsible, the primary two to confess to an offense beneath the nationwide safety legislation.

“I agree with the abstract of details, and I wish to make an apology,” Li mentioned. As a result of they’re a part of the identical case, Li and Chan can’t be sentenced till the tip of Lai’s trial, which has been delayed a number of instances — together with after a courtroom order blocked Lai’s international lawyer, British barrister Tim Owen, from representing him. All have been denied bail.

A number of individuals aware of the case speculate that Li and Chan have been supplied leniency as a part of a deal for agreeing to look as witnesses, although that can’t be independently confirmed. The Hong Kong authorities spokesman didn’t immediately deal with this query when requested by The Put up however mentioned all defendants “will endure a good trial.”

Finn Lau, who based SWHK and helped direct its actions via 2019 and a part of 2020, mentioned the allegations towards Lai distort the reality. The group’s concepts, strategies, and techniques had been their very own, and SWHK activists typically disagreed with Lai and his era, who they felt had been too passive.

“They accused of [Lai] of directing us, pushing us,” Lau mentioned, “however it by no means occurred.”

Li is predicted to take the stand within the new yr. As he awaits his flip as a witness, he has continued to put in writing to his household.

He ended a current letter together with his favourite Psalm: “The Lord is my shepherd … although I stroll via the valley of the shadow of dying, I’ll concern no evil.”

Cate Caddell in Washington contributed to this report.