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Landmark Sedition Verdict: Hong Kong Court Sentences Two Journalists

In December 2021, Chung Pui-kuen, the former editor-in-chief of Stand News, and Patrick Lam, the former acting editor-in-chief, were arrested. They faced charges of conspiring to publish and reproduce seditious materials, which marked Hong Kong’s first sedition trial involving the media since the city's return to Chinese sovereignty in 1997.

Landmark Sedition Verdict: Hong Kong Court Sentences Two Journalists

Hong Kong, a city once hailed as the flagbearer of press freedom is seeing a decline this freedom due to increased restrictions and censorship. A Hong Kong court has recently condemned two former editors of a shuttered news outlet on Thursday.

Arrest and Charges

In December 2021, Chung Pui-kuen, the former editor-in-chief of Stand News, and Patrick Lam, the former acting editor-in-chief, were arrested. They faced charges of conspiring to publish and reproduce seditious materials, which marked Hong Kong’s first sedition trial involving the media since the city’s return to Chinese sovereignty in 1997.

Closure of Stand News and Apple Daily

Stand News had been among the few remaining media outlets in Hong Kong that openly criticized the government, especially in the wake of the large pro-democracy protests of 2019. The outlet was forced to shut down shortly after the closure of the pro-democracy Apple Daily newspaper. Apple Daily’s founder, Jimmy Lai, is currently imprisoned and contending with collusion charges under a broad national security law introduced in 2020.

Charges Against Editors and Parent Company

Both the editors have been charged under a colonial-era sedition law that has become a tool which is being increasingly used to snub the voices of defectors. Best Pencil (Hong Kong) Ltd., the parent company of the outlet, was also found guilty of the same charge. The company did not have any representatives present throughout the trial, which started in October 2022. After the verdict, Chung remained composed, while Lam was notably absent from the courtroom.

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Defense and Trial Details

Defense attorney Audrey Eu read a mitigation statement from Lam, in which he stated that Stand News reporters aimed to operate a news organization with entirely independent editorial standards. In the morning, a crowd of residents and reporters gathered to secure seats for the hearing, which was set to start at 2:30 p.m. but commenced an hour behind schedule. The announcement of the verdict faced several delays, largely due to the pending appeal of another major sedition case.

Articles and Allegations

The case involves 17 articles, including stories about pro-democracy ex-lawmakers Nathan Law and Ted Hui, who are part of a group of activists with bounties issued by Hong Kong police. It also includes interviews with three participants from a 2020 primary election organized by the pro-democracy camp, and commentaries by Law as well as veteran journalists Allan Au and Chan Pui-man, who is also Chung’s wife.

Prosecutors alleged that some of these articles were intended to promote “illegal ideologies,” criticize the security law, and disparage law enforcement.

Verdict and Press Freedom Concerns

According to a press summary, Kwok determined that 11 of the 17 articles exhibited seditious intent. He highlighted the politically charged environment at the time of publication, when many residents were disillusioned with or opposed to the Hong Kong and Chinese governments. Prosecutors contended that Stand News operated as a political platform in addition to being an online news outlet.

During the trial, Chung refuted the claim that Stand News functioned as a political entity and underscored the fundamental role of free speech. “Freedom of speech should be employed to challenge dangerous ideas, not restricted under the guise of eliminating them,” he asserted.

Impact on Media Landscape

Stand News ceased operations in December 2021 following a high-profile police raid and subsequent arrests. More than 200 officers executed a warrant to seize journalistic materials during the operation.

Shortly after Stand News’s closure, Citizen News also announced its shutdown, citing worsening conditions for media and potential risks to its staff.

Current Press Freedom Status

Hong Kong’s press freedom has deteriorated, with the city dropping to 135th place out of 180 in Reporters Without Borders’ latest World Press Freedom Index, down from 80th in 2021. Self-censorship has increased amid a political crackdown on dissent. In March, the city government introduced a new security law, raising concerns among journalists about further restrictions on press freedom.

Despite these developments, the Hong Kong government maintains that press freedom remains intact, as promised by its mini-constitution.

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