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Why Beijing Wants Jimmy Lai Locked Up

The Atlantic

www.theatlantic.com › international › archive › 2023 › 01 › jimmy-lai-chee-ying-hong-kong-prodemocracy-movement › 672653

HONG KONG—When Beijing imposed the national-security law on Hong Kong in 2020, its goal was not simply to stifle free expression and lock up dissenters. The idea was to subordinate every institution in the city, leaving the “one country, two systems” framework that granted autonomy to the Chinese territory an empty slogan. Henceforth Beijing would no longer tolerate criticism from Hong Kong, or protests on its streets.

With the prodemocracy movement of 2019–20 effectively crushed, the Hong Kong government and officials in Beijing have found additional uses for the law: to settle old scores and rewrite history. By prosecuting a relatively small number of high-profile cases under the national-security law, the authorities are portraying the movement not as a popular uprising but as a traitorous conspiracy of troublemakers in league with foreign powers. Any plot needs a ringleader, and the authorities believe they have one to fit their narrative: the media tycoon Jimmy Lai.

In this telling, Lai has been elevated to an omniscient actor—a puppeteer of the unwilling masses who for years used his wealth and publications (notably Apple Daily newspaper), with assistance from the United Kingdom and United States, to dupe the city’s citizens into doing his nefarious bidding. Lai and his newspaper loom large in the most consequential national-security-law cases going to trial. Reams of prosecutorial documents portray him as a scheming “mastermind.” A source close to one trial involving Lai told me that Hong Kong’s national-security officers press suspects on their links to his business, cobbling the suspects’ answers together to fit a predetermined narrative.

“The police are making the story of Jimmy Lai,” this person, who asked not to be named for fear of police retaliation, told me. The decentralized nature of the 2019 movement is still viewed with paranoid disbelief by those who opposed it. The authorities “don’t believe that everything came from the ground up,” because they think “that is impossible.”

[Read: Seeking sanctuary in the old empire]

Already, in December, Lai was sentenced to more than five years in prison—a punishment, resulting from a case involving violations of a lease agreement, that one Hong Kong lawyer described to me as “shocking” in its severity. This harsh new sentence builds on lesser ones that Lai was already serving for participation in peaceful protests, yet Lai’s most daunting legal troubles are still ahead. He will go on trial again this year, this time explicitly for violating the national-security law; the accusation of being a chief instigator makes his the most serious of the dozens of people currently charged under the law. Lai’s case has been delayed as the Hong Kong government works furiously to forbid him from being represented by a British lawyer. In November, Hong Kong’s chief executive, John Lee, asked Beijing to intervene in the matter after the city’s courts ruled against the government’s repeated efforts to force Lai to change lawyers. Shortly before the end of the year, China’s top legislative body decreed that Hong Kong’s chief executive has the power to override the court’s decision.

A conviction for Lai would be a tidy conclusion to Beijing’s blatant exercise in rewriting history. Much as China’s leaders succeeded in recasting the 1989 Tiananmen Massacre, their narrative about the 2019 prodemocracy protests will strip agency from the hundreds of thousands of Hong Kongers who took part in them. The revisionist history will also absolve the authorities themselves, in both Beijing and Hong Kong, of their numerous failures of governance. Hong Kong’s courts, once lauded for their adherence to common law and judicial independence, will be pressed into serving this narrative.

Lai has a story of his own, a personal mythology he has recited countless times for reporters and rapt audiences. After his well-to-do family was stripped of its wealth when Mao Zedong came to power, Lai started his working life before he even reached his teens, carrying passengers’ baggage at a railway station in mainland China. One day, a man whom Lai had helped with his luggage took a chocolate bar out of his pocket and handed it to Lai. When Lai asked the man where he had gotten such a delicious treat, the man said “Hong Kong.” The city “must be heaven, because I’ve never tasted anything like that,” Lai recounted in The Hong Konger: Jimmy Lai’s Extraordinary Struggle for Freedom, a hagiographical documentary released in 2022. Making it to the city became his mission.

The young Lai arrived in Hong Kong a few years later as a 12-year-old stowaway on a fishing boat. He worked his way up from being a child laborer in a garment factory to becoming a salesman, jetting between Hong Kong and New York City, where he hustled clothing samples by day and partied until dawn at Manhattan nightclubs. On one trip, as Lai has often told, a lawyer he was dining with gave him a copy of Friedrich Hayek’s The Road to Serfdom. Lai credited the book with changing his life, inspiring him to become an entrepreneur freed from the shackles of the state.

In 1981, he launched his own clothing brand. He called it Giordano—by his account, after a pizza parlor he wandered into one night in New York looking for a cure for the munchies after using marijuana. The Hong Kong–based company soon flourished by selling casual wear in fast-growing consumer markets across Asia.

Lai, however, was not content merely to become a multimillionaire. In 1989, as protests gathered momentum in China, he donated tens of thousands of dollars to the student demonstrators who gathered in Tiananmen Square, and he had T-shirts printed that bore images of the student leaders’ faces. After the Chinese authorities crushed the movement, Lai decided he needed a more formal platform for his message and ventured into journalism. He started Next magazine, a weekly publication, and then Apple Daily. The title was an allusion to the biblical tale of Adam and Eve and the tree of knowledge. “An apple a day keeps the liars away,” an early slogan proclaimed.

[Read: Hong Kong’s most brazen arrest yet]

The entrepreneur’s outspoken criticism of the Chinese Communist Party made him an anomaly among the city’s business elites. “For Hong Kong’s big business leaders, especially those with interests in the colony that extend beyond 1997, allying with Beijing is simply good business,” a reporter at the International Herald Tribune noted in a 1991 article that highlighted Lai and his “unusual” position in the former British colony that was due to be handed back to China. But part of Giordano’s parent company was owned by a Chinese state-controlled enterprise, and Lai said he had no problems with interference from the mainland.

The congeniality did not last. After Lai wrote a mocking attack on Chinese Premier Li Peng in a 1994 issue of Next, Giordano’s stores on the mainland faced bureaucratic harassment that continued even after Lai resigned from the company’s board and sold the remainder of his stake to focus instead on his media empire. With his publishing ventures, he had, he said, entered the business of delivering “information, which is choice and choice is freedom.”

Lai’s version of freedom in his publications involved an eclectic, often sensationalist mix: Columns from leading prodemocracy advocates and political investigations ran alongside stories of sex scandals and celebrity gossip. Sometimes, Apple Daily breached journalistic boundaries and became the story itself. In 1998, the paper was obliged to print a front-page apology for its unethical and salacious coverage of a family murder-suicide. On another occasion, a staff reporter was arrested after he was discovered to have been paying police officers for information.

Despite these missteps and setbacks, Lai was undaunted. He refused to be cowed by threats—either from the authorities or from Hong Kong’s elite. He tangled with the city’s tycoons, whom he accused of pulling advertisements from the paper when he made an ill-fated foray into e-commerce. His home and office were firebombed on more than one occasion. Challenged by his own reporters, during a customary yearly interview, about rumors that he had slept with prostitutes before he married (for a second time) in 1991, Lai confirmed the stories, prompting coverage by the International Herald Tribune.

His vocal support of democracy and his defense of a free press gave Lai international media stature, and made him someone sought out for snappy quotes. The latitude his publications enjoyed became a bellwether for the freedoms that were meant to be preserved in Hong Kong under the agreement concluded in the run-up to the 1997 handover. “We are afraid, but we don’t want to be intimidated by fear or blinded by pessimism,” Apple Daily had declared in its first edition. For the next two decades, Apple Daily carved out an enviable position in Hong Kong’s bare-knuckle newspaper business, becoming one of the city’s most popular and trusted news sources.  

[From the January/February 2023 issue: I went to Taiwan to say goodbye]

Lai became a particular darling of the American right, which had long heralded Hong Kong as a pro-business utopia of low taxes and limited welfare where bootstrapping immigrants from the mainland could prosper—just as Lai had. William McGurn, a journalist and later a speechwriter for George W. Bush, became Lai’s godfather when Lai converted to Catholicism in 1997, shortly before the handover. John Bolton, who worked in numerous Republican administrations and served as a national security adviser to President Donald Trump, first met Lai in Hong Kong in the late 1990s. “I was incredibly impressed by Jimmy,” Bolton told me. He “really had a vision for what Hong Kong could be and what kind of society he wanted in Hong Kong.”

Lai also became friends with the libertarian economist Milton Friedman and accompanied him to China. A vocal proponent of free-market capitalism himself, Lai argued that the U.S. had for too long tried to work with China, rather than confront the country and its leadership. “You in the West need to have confidence in the superiority of your own system,” he said, when delivering a speech at the Hoover Institution in 2019. “China is never embarrassed to assert its own values even though these values are rooted in perhaps the most horrible Western export, Marxism. America needs to have the same confidence in its values and its own moral authority.”

This improbable run as an avatar of press freedom lasted until the morning of August 10, 2020, when more than 100 police officers raided the headquarters of Apple Daily. Lai was escorted through the newsroom in handcuffs after being arrested. Despite the raid, the newspaper continued to publish for nearly a year. But police returned in June 2021, and the newspaper’s bank accounts were frozen. The final edition of Apple Daily appeared on June 24.

Hong Kong’s prodemocracy political parties and activists, though often lumped together, span a spectrum of political leanings. And despite doling out money to different prodemocracy groups—donations revealed in 2014 when hundreds of his financial files were leaked—Lai was not universally beloved. Some felt that he was too close to the city’s old guard of moderates, whom younger generations believed had little to show after decades of pushing for incremental change, particularly after the Umbrella Movement limped to an end in 2014. Apple Daily was sometimes criticized for racist and sexist coverage, particularly from its more spirited columnists.

In 2019, when millions took to the streets and protesters sought international support, prominent activists and prodemocracy lawmakers turned to Washington. Lai capitalized on his Republican connections and had a series of meetings with Bolton, Vice President Mike Pence, and Secretary of State Mike Pompeo. Bolton told me that Trump cared little about Hong Kong, other than being briefly impressed by the size of protests—the city “had joined Taiwan on the list of minor irritants he didn’t want getting in the way of his relationship with Xi Jinping,” Bolton said. Still, these senior Trump officials regarded meeting Lai as important because it showed that “America as a whole was strongly supportive of what the Hong Kongers wanted to do.”

[Anne Applebaum: China’s war against Taiwan has already started]

Back at home, though, press coverage of the meetings enraged the Hong Kong government. Chinese state-backed media denounced Lai as a traitor who had betrayed the nation in favor of American interests.

At the same time, Lai faced criticism from activists in the prodemocracy camp. Despite his support for the protests, he was attacked for not backing more radical actions against police misconduct. Tam Tak-chi, a prodemocracy activist with the People Power party, who pleaded guilty to a national-security offense after taking part in an unofficial primary vote in 2020, was one who saw Lai as too conservative. During a recent interview from jail, where he is serving a 40-month sentence for sedition, Tam told me Lai was “not as progressive” as his own party.

Nevertheless, Lai’s activities would soon land him in trouble with the Hong Kong authorities. In 2019, Lai started helping a pair of prodemocracy activists, one of whom was an awkward IT worker from Hong Kong named Andy Li. Li had thrown himself into the 2019 movement and became a key member of a group that aimed to raise awareness of the protests abroad by purchasing newspaper ads. After the success of the campaign and an influx of donations, the group, Stand With Hong Kong, expanded into lobbying and meeting with foreign-government officials. Li, according to people who know him, had a robotic work ethic, seemingly able to grind for days without sleep. A lawyer who represents him declined my request for comment.

In August 2020, Li was arrested for violating the national-security law on a charge of conspiring to collude with foreign forces. Less than two weeks after his arrest, while out on police bail, Li tried to flee to Taiwan by boat but was apprehended, along with 11 others. According to two people with knowledge of his case, Li flipped and agreed to cooperate with officials in building a case against Lai.

In August 2021, Li pleaded guilty, as did his co-defendant, Chan Tsz-wah, a paralegal. Police investigating the two had an almost obsessive focus on Lai and the U.S. government, according to one of the two people I talked with who were familiar with the investigation. Documents in the case underscore the point: The bulk of the 30-page summary of facts submitted to the court focuses primarily on Lai. The prosecutors paint him as the “mastermind” of a fundraising-and-lobbying effort that, in reality, was largely a crowdsourced undertaking by activists that began on a popular message board.

The court documents also almost exclusively blame Lai for pushing the U.S. government to pass legislation aimed at punishing Hong Kong for its loss of autonomy from the mainland, and later to sanction government officials both in the city and in Beijing. The Hong Kong authorities described Lai in court documents as representing “the highest level of the syndicate”—as though he were a triad boss.

Although Lai was involved in Stand With Hong Kong, to portray him as its architect grossly inflates his role, according to the person with close knowledge of one of Lai’s trials. “They have to have someone who admits to being the mastermind,” this person told me. “Jimmy stood out for them: He said a lot of things, he has money,” so, in the eyes of the government, “he has to take the responsibility for the whole movement.”

[Read: The Hong Kong protesters aren’t driven by hope]

Lai’s influence on recent U.S. policy making is also exaggerated. Trump, for all his anti-China bluster, was unconcerned with human rights and primarily interested in signing a trade deal with China. A more forceful bipartisan response to the situation in Hong Kong came only after Beijing imposed the national-security law—but even then, Washington held back on the harsher measures advocated by some within the administration. A plan to help Hong Kongers resettle in the U.S. was scuttled by Republican Senator Ted Cruz in December 2020. A temporary order enacted by President Joe Biden to permit extended stays in the U.S. for Hong Kong residents is set to expire next month. Whatever influence Lai had over any of this is probably negligible.

Lai is also at the center of a court case against six former Apple Daily staff members, who pleaded guilty under the national-security law in November to charges of conspiracy to collude with foreign forces. In court documents, prosecutors construe routine editorial meetings and banal newsroom decisions as conspiratorial intent—including material published by the newspaper that prosecutors claim was masquerading as news but was really calling for protests or violence. Again, Lai is portrayed as the ringleader of a plot to elicit foreign interference that would “impose sanctions or blockade, or engage in other hostile activities against” China and Hong Kong. That prosecutors will call for Lai to receive the maximum penalty, a life sentence, seems a near certainty.

What drives the authorities’ fixation on Jimmy Lai, rather than any other prodemocracy figure, is a question that prompts a range of answers. Other candidates for ringleaders and such harsh punishment certainly exist. Joshua Wong, who rose to prominence as a teenage protest leader, has a larger global reach and greater name recognition than Lai. Martin Lee, the genial “godfather of Hong Kong democracy,” was a regular figure in Washington long before Lai, twice meeting with President Bill Clinton in the late 1990s and early 2000s. In Hong Kong itself, other activists who vaulted to prominence during the protests are far more popular than Lai.

Steve Tsang, the director of the China Institute at London’s School of Oriental and African Studies and the author of several books on Hong Kong, told me one theory of the obsession. Beijing understands, he said, “that logistics is key to eventual success in any competition,” and that cutting off Lai’s ability to provide support to prodemocracy groups was more pressing than silencing politicians shouting slogans. Another theory he offered was that the persecution was simply a scare tactic. “By treating Lai harshly,” Tsang told me, “the party will be able to send a clear and powerful signal to dissidents in Hong Kong that none of them can be safe, if all the money and overseas profile Lai has cannot protect him.”

When I recently interviewed C. Y. Leung, Hong Kong’s acerbic former chief executive, for another project, he angrily insisted on steering the conversation back to his own expansive and detailed version of the Lai conspiracy. Leung has become extremely jingoistic of late and spoke of Lai with the seething anger of a QAnon follower.

[Read: No exit from zero COVID for Xi Jinping]

According to Leung, Lai has been covertly working with the British government ever since 1997 to split Hong Kong from China. To achieve this, Lai bankrolled the city’s prodemocracy camp to foment a pro-independence revolt. “He had all the leading opposition politicians in his pocket,” he told me, “and through them he mobilized people and he had his propaganda machinery.”

When I asked Leung to provide evidence of his claims, he told me that this would be like asking the CIA to unveil its secrets. “Of course I can’t,” he said. Pressed on why, during his five years as chief executive, he did not move to put an end to Lai’s schemes, Leung responded, “We have to have a legal basis, whatever we do.” In other words, none of Lai’s political activities were illegal before the national-security law passed.

But with that in place, Beijing has weaponized the courts against its longtime adversaries—just as Chinese state media continues to promote Lai as the poster boy of everything nefarious in Hong Kong. For both purposes, Lai has a sufficiently high profile and is convincingly rich enough to have fomented a subversive uprising; and, amid the nationalist atmosphere that prevails in Beijing, Lai also had highly suspect foreign connections that reached close to the center of power in Washington, particularly during the Trump administration.

By turning to its old playbook of assigning blame to a hostile force at home backed by support from abroad, the Chinese Communist Party is falling into a trap of its own creation. Given the sentences that Lai is likely to receive for his alleged crimes, Lai could very well be imprisoned for the rest of his life. In looking for a scapegoat, Beijing may find it has created a martyr.

In Politics, Is Older Better?

The Atlantic

www.theatlantic.com › newsletters › archive › 2023 › 01 › in-politics-is-older-better › 672657

This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

Congressman Kevin McCarthy’s failure this week to win the vote to succeed Nancy Pelosi as speaker of the House has only driven home the immense sway she held in the position. As our staff writer Franklin Foer writes, her stepping down from the role marks the twilight of the Democrats’ “ruling troika” of elders, which also includes Senator Chuck Schumer and President Joe Biden. Although critics deride this so-called gerontocracy in government, Frank predicts we’ll soon miss it. I called him to find out more.

But first, here are three new stories from The Atlantic.

No tears for Kevin McCarthy The inflated risk of vaccine-induced cardiac arrest How worried should we be about the XBB.1.5 variant? Greed for Legacy

Kelli Korducki: Why did Nancy Pelosi’s leadership handoff get you thinking about the merits of age in political office?

Frank Foer: As a politician who I’ve watched over an extended period of time, she’s the person that best knew how to wield power; I haven’t, in my lifetime, known a politician who’s better at getting stuff done than Nancy Pelosi. And I think that she kept getting better at it as she went. A lot of the time, when people seem to be hanging on to a job—and for a good chunk, I also thought that she was hanging on to her job—she just kept becoming effective in new and different ways.

Kelli: Do you think that’s a function of time and experience more than Nancy Pelosi being a really sharp and gifted politician?

Frank: She’s gifted, no doubt. But, you know, we had this brief moment in time that has just ended where there were three senior-citizen politicians [Pelosi, Schumer, and Biden], all of whom had or are having the best moments of their career at their very end. And I think that they did much better than anybody expected or than they had any right to do, given the circumstances that they were in. And I started thinking about patience as a leadership virtue but also, in the corollary to that, how to play a long legislative game. I felt like the lesson of the past two years is that the Democrats could have easily crumbled into despair and ruin, but that trio figured out how to pull off major wins, kind of at the last minute.

Kelli: And then, on the flip side, you have this week’s spectacle with Kevin McCarthy, who’s now lost nine consecutive votes to take over as House speaker.

Frank: McCarthy has been in leadership a long time. He has plenty of experience. But even a leader with the skills of Nancy Pelosi wouldn’t be able to manage a caucus filled with so many vile figures and ill-intentioned mischief makers.

Kelli: You write that aging politicians either become NIMBYs beholden to lobbyists or shrewd in getting stuff done. In your view, what informs the direction they’ll take?

Frank: Politicians can be greedy in different ways. Some are greedy for their careers as they experience it. And those are the people who become power-mad or venal. And then there are politicians who become greedy for their legacies, who I think worry more about how they’ll be perceived when it’s all said and done.

This may be a simplistic bifurcation, but I think that there’s almost a divide in the way that people ponder the meaning of their own lives and what they hope to extract from it. And I think it’s something that probably translates into the world outside of politics.

Kelli: You note in your essay that the last Congress passed a lot of forward-thinking legislation, and that this contradicts the idea that older legislators might not be so interested in risking political capital to secure a future they won’t be around to experience.

Frank: Yeah. And to me, the measure of that is what they did on climate. Our recently departed [from The Atlantic] colleague Robinson Meyer wrote a great piece about how the Inflation Reduction Act is one of the more underrated pieces of recent policy, that it’s this sweeping set of measures that are meant to bring the American economy into the age of sustainability. That’s the thing that I judged this Congress on most; I was worried that if they didn't act on climate now, that nothing would happen for a decade, and the planet would’ve lost this huge opportunity. But by seizing the moment on climate with this bill, they created the chance for the United States to be an incredibly active leader in climate diplomacy, so we now have the moral authority to lead on climate.

Kelli: You close your essay on Pelosi’s Democratic heir apparent, Hakeem Jeffries, who signals “the thrilling possibility of the nation’s first Black speaker.” What do you anticipate for Jeffries and the new generation of leaders?

Frank: I think Congress is a very specific institution. What’s interesting about Pelosi and Schumer is that I don’t think anybody would regard them as especially good public communicators—and that’s really, I think, the fundamental way in which politicians are conventionally judged. It’s like, how do they do on television, or how do they do when delivering big speeches? And they would both get very bad marks on that score. But what they were good at, or what they are good at, is understanding the interests and careers and psychology of all of the members in their caucuses. And I think that that’s a power structure that doesn’t really ever change. There are always new complexities that enter into that sort of people management, because you always have fresh sets of people coming into the Congress.

But, you know, my guess is also that Hakeem Jeffries has been part of Pelosi’s leadership crew for a bit now, and I think that he’s probably studied her as he’s prepared to take on this job, which people knew for a while that he was going to assume. So it’s my hope that he gets good at all the things that she was good at, and that it’ll just take a bit of hard-won experience for him to get there.

Related:

The Nancy Pelosi problem (2018) Why do such elderly people run America? (2020) Today’s News Vladimir Putin ordered Russian forces to observe a 36-hour cease-fire in Ukraine for Orthodox Christmas. A senior Ukrainian official dismissed the move as a “propaganda gesture.”   Pope Francis presided over the funeral of former Pope Benedict XVI. The man accused of killing four University of Idaho students was booked on four counts of murder and one count of burglary last night. A preliminary hearing is scheduled for January 12. Evening Read (Jan Buchczik)

How We Learned to Be Lonely

By Arthur C. Brooks

Communities can be amazingly resilient after traumas. Londoners banded together during the German Blitz bombings of World War II, and rebuilt the city afterward. When I visited the Thai island of Phuket six months after the 2004 tsunami killed thousands in the region and displaced even more, I found a miraculous recovery in progress, and in many places, little remaining evidence of the tragedy. It was inspirational.

Going from surviving to thriving is crucial for healing and growth after a disaster, and scholars have shown that it can be a common experience. Often, the worst conditions bring out the best in people as they work together for their own recovery and that of their neighbors.

COVID-19 appears to be resistant to this phenomenon, unfortunately. The most salient social feature of the pandemic was how it forced people into isolation; for those fortunate enough not to lose a loved one, the major trauma it created was loneliness. Instead of coming together, emerging evidence suggests that we are in the midst of a long-term crisis of habitual loneliness, in which relationships were severed and never reestablished. Many people—perhaps including you—are still wandering alone, without the company of friends and loved ones to help rebuild their life.

Read the full article.

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“If this was the kind of fairness available / Inside the family, what could he hope for / From the world outside?”

Watch. Work through our list of 13 feel-good TV shows to watch this winter.

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P.S.

Frank recommends two recent pieces of media about Christopher Lasch, an “intellectual historian/social preacher who was a gigantic figure in the ’70s and ’80s and continues to be revered by both the Trump right and the socialist left.” The first is an essay in Jacobin by the critic Christian Lorentzen, which Frank says does a good job of explaining the origins and endurance of Lasch’s strange fandom. The second, Frank explains, is “a great recent episode of my favorite podcast, Know Your Enemy, about Lasch’s masterpiece The True and Only Heaven. That’s one of my favorite books about American politics. If you want to understand the deeper origins of populism and the deeper problems with liberalism, it’s the place to begin.”

— Kelli

Isabel Fattal contributed to this newsletter.