Apple Daily founder Jimmy Lai began mitigation proceedings on Monday after being convicted last month of two counts of conspiracy to collude with foreign forces under the Beijing-imposed national security law and one count of sedition under colonial-era legislation. The 78-year-old media tycoon faces a possible life sentence.
Lai remains in custody along with eight co-defendants, including six former Apple Daily staff members, as sentencing proceedings, scheduled to last four days, continue.
Representing Lai, Senior Counsel Robert Pang urged the court to consider Lai’s deteriorating health and the impact of prolonged solitary confinement. Pang said Lai suffers from multiple chronic conditions, including hypertension, diabetes, heart disease and eye problems, and that his health has declined during detention.
Pang told the court that Lai’s weight dropped from about 86 kilograms in mid-2024 to around 75 kilograms by April last year, adding that he could no longer be described as the once well-known “Fatty Lai”. While acknowledging that Lai’s condition was not immediately life-threatening, Pang argued that Lai’s advanced age, poor health and extended solitary confinement placed a significantly heavier burden on him than on younger and healthier inmates.
“Every day he spent in prison will bring him that much closer to the end of his life,” Pang said.
The defence also questioned the accuracy of a Correctional Services Department report stating that Lai’s weight had increased by six kilograms over a four-year period, suggesting the figures may be erroneous. Presiding judge Esther Toh rejected the suggestion, saying she herself had gained weight while sitting at home. Pang replied that being on holiday was not comparable to being in custody, to which Toh responded that she was referring to sitting, not holidays.
No written mitigation letters were submitted on Lai’s behalf. According to Hong Kong Court News, the defence confirmed that neither Lai nor his family and friends had provided any mitigation letters.
Public interest in the hearing was strong, with former Apple Daily employees among those attending. One described emotional scenes in court, saying Lai greeted familiar faces by pressing his palms together and waving. Another said several people broke down in tears upon seeing Lai and his former colleagues in the dock.
Police set up cordons outside the courthouse and later narrowed the queuing area with metal barriers. Journalists were required to conduct interviews from a distance of more than one metre.
Mitigation proceedings are expected to continue on Tuesday. Sentencing has yet to be determined.