In the early morning of 17 June, the Hong Kong police arrested five Apple Daily senior executives and journalists whom they alleged were responsible for over 30 articles and reports calling for foreign sanctions against the Hong Kong and Chinese governments.

That morning, several hundred police officers marched into Apple Daily

headquarters again, following the previous time in August of last year, and conducted a five-hour search, seized dozens of journalist computers, servers and hard discs. The authorities also froze $18 million worth of assets of three companies affiliated with Apple Daily.

The arrests and search of Apple Daily shocked Hong Kong and the international community, plunging press freedom and freedom of expression to new depth. Not only are news executives and journalists terrified, many people are reluctant to speak to journalists, lest they be implicated.

On 19 June, publisher of Apple Daily and CEO of parent company Next Digital Cheung Kim-hung, and Apple Daily editor-in-chief Ryan Law Wai-kwong, and representatives of three companies affiliated with Apple Daily appeared in West Kowloon Magistrates Court. The prosecution alleged that Cheung and Law and the three companies conspired, with the newspaper’s founder Jimmy Lai Chee-ying, to impose sanctions or engage in hostile activities against Hong Kong or the mainland. Lai, who is facing his own collusion charges in a separate case, is serving a 20-month prison sentence for his role in three unauthorized protests in 2019.

Chief Magistrate Victor So Wai-tak, who is designated to try National Security Law (NSL) cases, turned down Cheung and Law’s application for bail, saying the pair was “a threat to national security.” They were remanded until the next hearing on 13 August. This is the first time newspaper executive and journalist were charged with NSL offences. People working in other news organisations fear they might be swooped up in the NSL dragnet.

Police from the National Security Department said they had found many articles published by Apple Daily before and after the imposition of the NSL in June 2020 which had alleged called on other countries to impose sanctions on Hong Kong and the mainland. They said there is evidence that the questionable articles played a crucial part in the conspiracy, which provided ammunition for foreign countries, institutions and organisations to impose sanctions on Hong Kong and the People’s Republic of China. However the authorities refused to reveal the content of the alleged articles, prompting speculation and concern that similar articles might have been published in other media and free speech could be criminalized.

Since the NSL was imposed on Hong Kong in June 2020, Chief Executive Carrie Lam repeatedly stressed that only a very small number of people would be affected. However as more and more people have been arrested for breaching the NSL, plus the latest arrests of Apple Daily senior executives and journalists, many people are worried they could inadvertently overstep the unclear and sweeping NSL red lines. To them, one way out is to conduct self-censorship and remain silent.

Under the policy of “one country, two systems,” the Chinese government promised the Hong Kong people they could continue to enjoy their free lifestyle, personal safety and the rule of law for 50 years after the change of sovereignty in 1997. However, when Carrie Lam misguidedly introduced the controversial extradition bill in 2019, it unleashed unprecedented confrontation and protests which have split the city asunder. Since then over 10,000 people have been arrested and about 2,600 people have been prosecuted.

The Apple Daily arrests have set alarm bells ringing because the police have seized a lot of journalistic materials, making people who have spoken to journalists fear their identity could be exposed. There is no doubt the onslaught has sent a chill down the spine of many people. Not only will journalists conduct self-censorship in order not to get into trouble, but sources of information may also stop talking to journalists because they fear their identity might be exposed.

Given these disturbing developments, there is concern about the inexorable erosion of press freedom and freedom of expression and even freedom of conscience. Many people lament that the city has changed beyond recognition, as Beijing moved to impose the draconian NSL on Hong Kong in June 2020 and the electoral system overhaul earlier this year, many people have been arrested and some district council members may be disqualified and thrown out of office.

Some arrested activists have publicly declared they would give up their civil and political rights, although they have not been tried and found guilty in court, and these rights are protected in the International Covenant on Civil and Political Rights (ICCPR) which is applied to Hong Kong, and in the 1984 Sino-British Joint Declaration and the Basic Law.

Given such an oppressive atmosphere, some people have chosen to leave. Within two months of the British government’s pathway to citizenship scheme, more than 34,000 British Nationals (Overseas) have applied for visas to move to the UK. However, many will choose to stay and carry on the struggle for freedom and democracy in a peaceful and non-violent way.

Some people suggest an effective way to defend press freedom is to continue to publish news articles. Likewise, the best way to defend civil liberties is to continue to exercise them, in a bold, wise and careful way. Developments may get depressingly difficult, but we must not lose hope and should continue to live in a dignified and responsible way.

(Emily Lau, Chairperson, International Affairs Committee of the Democratic Party)

Emily Lau’s article can be found in our Columnist section.

The opinions of the writers do not necessarily reflect the opinions of the editorial board.

---------------------------------

Apple Daily’s all-new English Edition is now available on the mobile app: bit.ly/2yMMfQE

To download the latest version,

iOS: bit.ly/AD_iOS

Android: bit.ly/AD_android

Or search Appledaily in App Store or Google Play