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Hong Kong journalists convicted of sedition for first time since handover to China

Hong Kong journalists convicted of sedition for first time since handover to China

A Hong Kong court has found two editors of the now-defunct media outlet Stand News guilty of conspiracy to publish incendiary articles, a case that has drawn international attention amid security controls in the Chinese-ruled city.

The outlet’s parent company, Best Pencil, and its two editors, Chung Pui-kuen and Patrick Lam, were all charged with conspiracy to commit inciting publications in connection with 17 news articles and commentaries published between July 2020 and December 2021.

Strand News was raided in December 2021 and all assets were frozen, forcing the once leading online media source to close its doors.

The articles the court labeled as seditious included commentaries by exiled activists Nathan Law and Sunny Cheung, veteran journalist Allan Au, the jailed former publisher of Apple Daily, and Chung’s wife, Chan Pui-man.

Editors accused of promoting ‘illegal’ ideologies in 57-day trial

Chung Pui-kuen and Patrick Lam stand outside a building with backpacks on.

Chung Pui-kuen and Patrick Lam have been found guilty of sedition after a 57-day trial in Hong Kong. (AP: Louise Delmotte)

Mr Chung and Mr Lam pleaded not guilty, and a 57-day trial began in October 2022.

Public prosecutor Laura Ng said Stand News served as a political platform to promote “illegal” ideologies and incite hatred among readers against the Chinese and Hong Kong governments.

Mr. Chung, who edited or authorized most of the articles the court found inflammatory, chose to testify in court. He spent 36 days on the witness stand.

He maintained that Stand News had merely “recorded the facts and reported the truth” and that the company was merely trying to represent a broad spectrum of views, including pro-democracy advocates.

Mr Chung stressed that the organisation adheres to the principle of publishing every article it receives to “demonstrate the utmost freedom of expression”, as long as these articles do not incite violence, harm the public or cause defamation.

Mr. Lam did not testify in court, but instead sent a mitigating letter.

“The key to this case is freedom of the press and freedom of expression,” he wrote.

“The only way for journalists to defend press freedom is to report.”

District Court Judge Kwok Wai-kin delivered his verdict in the editors’ case on Thursday, with only Mr Chung present, finding that 11 of the 17 articles in question had seditious intent.

“When a statement is judged to be inciting in nature, the relevant factual circumstances must be taken into account. Namely, such a statement may harm national security and must be stopped,” Judge Kwok wrote.

It was the first case of sedition against a journalist or editor since the handover of Hong Kong from Britain to China in 1997.

Mr Chung and Mr Lam face up to two years in prison and a fine of up to HK$5,000 ($940) when they are sentenced on September 26.

Ruling represents ‘new reality’ for journalists in Hong Kong

Three men in black suits, face masks and glasses hold signs - the middle one reads "Stand with Beach News".

Critics say the case is a sign of declining media freedom in the Chinese-ruled city. (AP: Chiang Ying-ying)

Critics, including the U.S. government, say the case is a sign of declining press freedoms as a result of years of national security scrutiny in the Chinese-ruled city.

“This ruling sets a very dangerous precedent that could be further abused by Beijing to suppress independent voices,” said Aleksandra Bielakowska, Asia Pacific advocacy manager at Reporters Without Borders.

“Dozens of media outlets have been closed, scores of journalists have gone into exile, and others who remained in Hong Kong face a new reality where crossing red lines could be seen as a violation of national security laws.”

Reuters/AP