Two ex-editors convicted in landmark sedition case

Wallis Wang

Two former editors of the defunct Stand News have been convicted by the District Court in the first sedition case involving the media since the handover.

Former editor-in-chief Chung Pui-kuen, 52, former acting chief editor Patrick Lam Shiu-tung, 34, and the media outlet's holding company Best Pencil (HK) Ltd were found guilty of conspiracy to publish and reproduce seditious publications between July 2020 and December 2021.

Judge Kwok Wai-kin adjourned the case to September 26 for sentencing. Chung and Lam had their bail extended.

Kwok ruled that 11 out of 17 articles in the case had seditious intentions, including an interview with activist Gwyneth Ho Kwai-lam and blogs written by national security fugitive Nathan Law Kwun-chung and Chan Pui-man, former associate publisher of the defunct Apple Daily.

Kwok ruled that Stand News aimed to promote nativism in Hong Kong and the outlet had become a tool to smear and slander the central and SAR governments.

He said Chung and Lam understood and agreed with the articles' seditious intent regardless of the consequences.

In mitigation, defense counsel Audrey Eu Yuet-mee said Chung and Lam had been remanded for more than 300 days while the maximum penalty for their offense is a two-year imprisonment. Eu appealed to the court to hand down a jail term that does not exceed their remand time.

Chief superintendent of national security Steve Li Kwai-wah said outside court yesterday that the defendants had seditious intent when committing the crime, as they published articles defaming the national security law, advocating splitting the country and overthrowing the regime, and calling for foreign sanctions.

"When the national security department took enforcement against Stand News in December 2021, some people criticized us that we were suppressing freedoms of speech and press," Li said.

"But today, the judge's verdict has clearly illustrated the necessity and lawfulness of the enforcement."

He said freedom of speech "is not absolute" and could be restricted when it comes to national security and public order. Asked if police would take further action against the authors or reporters writing the 11 seditious articles, Li said it depends on whether they had seditious intentions.

Police will consult with the Department of Justice if officers determine that any of them have such intent, he said.

Chief Secretary for Administration Eric Chan Kwok-ki said the government respects press freedom, which is also protected by law. If all journalists publish reports based on facts, there is no restriction to press freedom, he added.

Chan said media outlets are allowed to criticize the government and that there are still many reports criticizing authorities but they should not be made for illegal purposes.

Chan added that all criminal cases will go through a fair trial and conviction could only be made with sufficient evidence.

wallis.wang@singtaonewscorp.com