Pro-democracy media tycoon Jimmy Lai won an appeal on Thursday, overturning a 2022 fraud conviction, a ruling that comes just days after he received a lengthy prison sentence on separate national security charges
While the fraud conviction and its associated sentence have been set aside, Lai remains incarcerated, having been sentenced earlier this month to 20 years in prison under Beijing’s national security law for collusion, according to AFP.
The fraud case, which was distinct from the national security proceedings, centered on a contractual dispute regarding office space.
Prosecutors had alleged that a consultancy firm operated by Lai for personal use occupied space rented by “Apple Daily” for publication purposes, breaching lease terms with a government-linked corporation.
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In the original 2022 trial, the presiding judge described the arrangement as a “planned, organised and years-long” scheme, sentencing Lai to five years and nine months in prison.
However, the High Court found that the prosecution had not met the necessary burden of proof regarding the alleged dishonesty.
“(We) allow the appeals, quash the convictions and set aside the sentences,” High Court Chief Judge Jeremy Poon stated in the written judgment.
Judge Poon further explained the court’s reasoning, noting that “the prosecution has failed to prove that the applicants had made the false representation as alleged.”
The ruling also cleared former “Apple Daily” executive Wong Wai-keung, who had been jailed for 21 months in the same case. Neither Lai nor Wong appeared in court for the judgment.
It remains unclear how this acquittal will impact the calculation of Lai’s total prison time. His recent 20-year national security sentence included a two-year provision that overlapped with the now-quashed fraud sentence. Prosecutors have not yet indicated if they intend to appeal the High Court’s decision.
