Over 1,400 days in solitary confinement. No consular access. This is the reality for British citizen Jimmy Lai, publisher and pro-democracy advocate, detained in Hong Kong since 2020 under its draconian National Security Law (NSL).
The ‘Jimmy Lai Bill’, introduced before the British Parliament last month, seeks to enshrine a right that many assume already exists: guaranteed consular assess for arbitrarily detained British media workers. It is an important law that could change the UK’s approach to protecting its citizens abroad.
ARTICLE 19 strongly supports this legislation.
On 10 August 2020, Jimmy Lai and colleagues from Apple Daily, the pro-democracy newspaper, were arrested in a massive police raid. Though briefly released on bail, Lai was re-imprisoned on New Year’s Eve 2020. The 77-year-old remains in custody, facing multiple spurious charges, including for a candlelight vigil marking the 1989 Tiananmen Square Massacre. Despite facing potential life imprisonment under the NSL, Lai has been denied consular support.
Chinese authorities are ultimately responsible for refusing Lai contact with British officials. However, there is more the United Kingdom can do to increase the chances for those detained abroad to receive vital support and assistance.
Presently, the UK offers no legal right to consular assistance for its citizens detained abroad, despite the Foreign, Commonwealth and Development Office (FCDO) Consular Charter outlining various services. On 22 January, Blair McDougall MP introduced a bill in Parliament to change that.
The ‘Jimmy Lai Bill’ would guarantee a degree of added protection for British media workers arbitrarily detained abroad by enshrining a right to consular access in UK law.
Lai’s case is not isolated. The Bill is particularly critical when it comes to countries like China where detained foreigners, especially dual nationals, are routinely denied consular access. Safeguard Defenders has documented this alarming trend with a forthcoming publication, Missing in China: A guide on how to help a family member arbitrarily detained in the PRC (People’s Republic of China).
Notable cases illustrate the severity of the problem.
British citizen Lee Bo vanished in 2015 and later reappeared on Chinese state TV, renouncing his citizenship under suspicious circumstances. Throughout his ordeal, he was denied consular access.
Australian writer Yang Hengjun, detained in 2019 on spying charges, was denied consular access during his trial. In 2024, he received a suspended death sentence and remains imprisoned, enduring ill-treatment.
Australian television anchor Cheng Lei was detained for three years on vague charges and denied consular access for over a year before her release in October 2023. Moreover, Australia’s ambassador was blocked from observing her trial.
International law does provide for consular access. The 1963 Vienna Convention on Consular Relations holds that foreign nationals abroad must have access to consular officers, and vice versa. In the event a foreigner is detained in any way, including pending trial, the detaining state is to inform consular officials without delay.
The Convention grants consular officials the right to visit, communicate with, and arrange legal representation for their detained nationals. While host countries can set some rules, these must not interfere with these fundamental rights.
However, China’s flagrant disregard for these international norms exposes the limitations of current international agreements and highlights the urgent need for stronger measures.
The Jimmy Lai Bill presents a vital opportunity for the United Kingdom to take moral leadership in strengthening consular rights.
While the Bill alone may not immediately compel compliance from authoritarian regimes like China, Iran, or Russia, it sends a clear message: the UK is committed to protecting its journalists and citizens abroad.
Similar to the Global Magnitsky law, the Jimmy Lai Bill could also inspire similar actions by other democracies, creating a global movement to reinforce consular rights and media freedom. By adopting this law, the UK can lead the charge in holding oppressive regimes accountable and safeguarding the vital work of journalists and media workers worldwide.
Most importantly, passing the Jimmy Lai Bill is a crucial step to ensure that no journalist faces arbitrary detention without the full support of their government.