News outlet received political donations, court hears

Donations to pro-democracy online news outlet Stand News ballooned over 10 times to HK$80 million in six months following the emergence of anti-extradition protests in mid-2019, the District Court was told.

Prosecutors said yesterday the surge reflected attempts to appeal to politically "like-minded" people by the news outlet, whose editor-in-chief Chung Pui-kuen, 52, acting editor-in-chief Patrick Lam Shiu-tung, 34, plus holding company Best Pencil (Hong Kong) are charged with conspiracy to publish seditious materials between July 7, 2020, and December 29, 2021.

They face up to two years in prison if convicted.

Designated national security judge Kwok Wai-kin ruled that 17 articles published on the now-defunct platform were admissible as prosecution evidence, ruling that a six-month time limit was not applicable as the articles showed the conspiracy spanned an extended period.

In their opening statement, prosecutors had said they had only to prove the defendants were aware of the seditious intent in the published articles rather than the defendants' intentions.

The prosecution said Stand News was "not just a media outlet but a political platform," citing its charter, which stated its commitment to "democracy, human rights, freedom and the rule of law."

Lam's attendance at a summit, where he spoke about the outlet's interviews with protesters who were present at the sieges of local universities and remarks that he wanted to "bring readers closer to understanding the movement and have common grounds for discussion, evaluation and even participation" were also cited.

Prosecutors also said the outlet's development was "closely tied" with the 2019 protests. They said the company received around HK$5 million per year between 2015 and 2018, but from July 2019 Stand News had an influx of donations from people whose "interests were aligned" with the news outlet.

By the end of the year, donations had grown tenfold, reaching HK$80 million with 135,000 deposits. With the funds, it was alleged, Stand News was able to expand its operations and set up a branch in Britain. Kwok's decison on the time limit and the prosecution's opening statement came a day after senior counsel Audrey Eu Yuet-mee argued that 10 of the 17 articles submitted as evidence by the prosecution were not admissible.

She said they were published more than six months before the defendants were charged on December 29, 2021 - outside the time limit within which the sedition offense could be imposed retroactively.

The articles included profiles of former legislators Nathan Law Kwun-chung and Ted Hui Chi-fung, who are both now in exile, as well as former Stand News journalist Gwyneth Ho Kwai-lam. There were also commentaries by journalist Allan Au Ka-lun on issues including the national security law and sedition.

Eu also said on Monday that the application of the sedition offense contravened the Basic Law and the Bill of Rights Ordinance. She also submitted the media have a responsibility to report different opinions.

The hearing continues today.

cjames.lee@singtaonewscorp.com