Mark Pinkstone/Former Chief Information Officer of HK government

While Jimmy Lai was presenting his case against collusion with foreign governments and sedition charges in the Hong Kong High Court, a small group of people some 13,000 km away in Washington DC, were pleading his case in the National Press Club.

The club, only two blocks away from the White House, claims it is the finest bastion of the free press. But is it?

In the club’s tiny Zenger Room (maximum capacity 40 people) Jimmy Lai’s son Sebastien, his legal counsel Caoilfhionn Gallagher from London’s Doughty Street Chambers and Washington Post’s Director of Press Freedom Initiatives, Jason Rezaian presented their case that Lai senior was wrongly charged and should be set free immediately, even before the trial has ended. The press briefing was put together and moderated by the Club’s director of the Press Freedom Centre, Bill McCarren.

What they said and presented was nothing new and was very predictable.

Taking into account that this would be a very one-sided biased briefing, I wrote to McCarren some notes to consider “the other side of the story.” It was an attempt to strike a balance for the audience to consider.

I wrote:

“As a journalist with more than half a century of experience in the industry, I am a fervent believer in the freedom of the press. A free press is the cornerstone of modern society; it is the watchdog of governance; and it is the bearer of news as it happens.

“A true free press conducts itself with honour and dignity as the Fourth Estate, representing the people by revealing injustices against those who cannot defend themselves.   It brings forth truth in an untruthful world by journalists who are professional fact gatherers and story tellers.

“It was once an honourable profession, but not so much today.  News is no longer based on hard factual information, but on personal bias and supposition. Faith in newspapers has dropped considerably in recent years because of the proliferation of biased reporting and false news. Television networks have been taken over by politicians who spread false information to gather popularity votes. News is no longer news as such but has become a vehicle for self-glorification and self-serving purposes.

“It is time to bring journalism back to its former glory by reporting facts and show both sides of the story, not just the side that gathers greater readership through sensationalism. Be truthful. Members of the National Press Club can do that by reporting fairly and weighing both sides of the story.

“Take the Jimmy Lai case, the subject of today’s “briefing” as an example. Is the Jimmy Lai case fact or fiction? To comment on the evidence itself as the case proceeds would be subjudice, but the principles can be discussed.

“Jimmy Lai, owner of the now defunct Apple Daily newspaper, is currently in jail after he was tried on incitement for illegal rallies and various business-related charges. He is now facing trial, by a panel of three independent judges, on charges of collusion with foreign governments and sedition.  These are extremely serious charges in any country, including the USA. Already the prosecution has presented a number of witnesses, many from Apple Daily itself, to testify against Lai over a period of 90 days. Today, November 20, Jimmy Lai presents his case. This is a fair trial according to the common law system practiced in all British Commonwealth countries and the United States. It is being overseen by consular corps throughout the world, including the US and the EU. If there is anything untoward about this trial, the consulates will speak up. So far, they have been mute.

The press has come to the defence of Jimmy Lai simply because he is a media mogul arrested by the authorities. They claim this is an affront to media freedoms, which must be protected at all costs. Unfortunately, this is not the case. They have not considered the charges against him – collusion and sedition. So, it is not a case of infringement of media freedom, but of serious criminal charges.

“What has come out of the Jimmy Lai arrest is a major public relations exercise manipulated by the media itself. Spearhead by his son Sebastien and supported by his legal team at Doughty Street Chambers, Jimmy Lai has become a household name with YouTube and other social media clips, posters and numerous articles proclaiming his innocence.  The publicity was so intense that it would be impossible to pick an unbiased jury.

“Today’s brief by the National Press Club is indicative of the bias of the American press. The speakers include Sebastien Lai, the loyal son of Jimmy Lai. Sebastien has been traveling the world telling everyone that his father is innocent, without a shred of evidence. Then there is human rights barrister Caoilfhionn Gallagher, who has joined Sebastien in his campaign and Jason Rezaian, director of Press Freedoms Initiatives at the Washington Post. But there is not one representative for justice. No one at today’s briefing will give an account as to why Jimmy Lai was arrested, how the legal system works in Hong Kong and how Jimmy Lai is being treated in jail. It is a one-sided briefing by the National Press Club.

“Much will be said about the Hong Kong National Security Laws and how they were imposed upon Hong Kong by Beijing. The laws were legalised in Hong Kong against a backdrop of severe and brutal rioting by basically students demonstrating for democracy and independence, but in reality, against the administration. They were incited by local and foreign forces. A number of people were killed, set alight and injured. Arson was rampant, stores were broken into and even the legislative building was trashed by the rioters (shades of the Capitol Hill riots). Law and order had to be maintained. It should also be noted that not once did the Peoples Liberation Army (PLA) stationed at the seat of the riots, intervened. Against this backdrop, Apply Daily was complicit. Hong Kong’s National Security Laws are precisely the same as that in the US, UK, Australia and elsewhere. They are not draconian, but fair. 

“Sebastien complains about the treatment to his father during incarceration. Much of this is unfounded as all inmates receive visits from justices of the peace who investigate complaints and, if founded true, they will conduct full investigations.   Indeed, on September 27, Lai’s lawyer in Hong Kong, Robertsons, following Lai's directions, stated unequivocally that he was being properly treated in detention.

“Mr McCarren, I pen this to you with the thought that although the Press Freedom Centre is to be commended for its efforts to maintain a free and open press, the integrity of journalism is of paramount importance. The standard of journalism has dropped drastically in recent years, and it will be through the efforts of the National Press Club that it can restore its good name.”

The National Press Club has become the platform for a multi-million dollar (in any currency) public relations exercise in the name of freedom of the press. But it is press freedom abused. The Jimmy Lai case had nothing to do with press freedom, contrary to Gallagher’s beliefs. It is a criminal case involving national security, something which president-elect Donald Trump subscribes to.

This is a lot of money to free a man charged with national security offences.




Mark Pinkstone

** The blog article is the sole responsibility of the author and does not represent the position of our company. **