Hong Kong’s High Court rejects Jimmy Lai’s bid for jury in defamation trial

Court says trial would have involved large amount of evidence and complex legal concepts, but admonishes Ta Kung Pao for seeking HK$1 million in legal fees

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Jimmy Lai sought to sue the Ta Kung Pao over an “inflammatory” article that suggested Lai would flee Hong Kong illegally ahead of the adoption of the national security law. Photo: AP

Published: 7:06pm, 10 Oct 2024

A Hong Kong court has refused to arrange for a jury in former media tycoon Jimmy Lai Chee-ying’s defamation trial against a pro-Beijing newspaper, citing the voluminous amount of documentary evidence and complex legal disputes involved.

The High Court on Thursday nonetheless reprimanded Ta Kung Pao over asking for nearly HK$1 million (US$128,650) in legal expenses from the jailed mogul for his failed application, saying there was no justification for engaging a former justice secretary now in private practice to handle a procedural matter.

Lai, 76, sought to sue the state-owned Chinese newspaper over an “inflammatory” article on June 25 of 2020, which suggested it was “well apparent” the founder of the now-defunct Apple Daily tabloid newspaper would abscond to evade criminal liabilities ahead of the city’s adoption of the national security law.

Lai’s counsel argued that Ta Kung Pao, which is controlled by Beijing’s liaison office in Hong Kong through a subsidiary, repeatedly published the statements as part of a smear campaign against Lai.

The outlet presented multiple defences, including responsible journalism, fair comment and lack of malice, maintaining there were “reasonable grounds” to believe Lai was considering illegally leaving Hong Kong at the time.

Madam Justice Queeny Au Yeung Kwai-yue acknowledged in a judgment handed down on Thursday that the case involved “great public interest”, given Lai’s prominent status and “wide circulation” of the newspaper under attack.

But she said a jury trial would not serve the efficient administration of justice.