Former chief editor Chung Pui-kuen, proper, and former performing editor Patrick Lam, left, of the now-defunct impartial media outlet Stand Information depart the court docket on the final day of the publication’s sedition trial closing statements in Hong Kong on June 28, 2023.
Louise Delmotte/AP
disguise caption
toggle caption
Louise Delmotte/AP
HONG KONG — A Hong Kong court docket on Thursday convicted two former editors of a shuttered information outlet in a sedition case extensively seen as a barometer for the way forward for media freedoms in a metropolis as soon as hailed as a bastion of free press in Asia.
The trial of Stand Information former editor-in-chief Chung Pui-kuen and former performing editor-in-chief Patrick Lam was Hong Kong’s first involving the media for the reason that former British colony returned to Chinese language rule in 1997.
Stand Information, which closed in December 2021, had been one of many metropolis’s final media shops that overtly criticized the federal government because it waged a crackdown on dissent following huge pro-democracy protests in 2019.
It was shut down simply months after the pro-democracy Apple Day by day newspaper, whose jailed founder Jimmy Lai is combating collusion expenses underneath a sweeping nationwide safety legislation enacted in 2020.
Chung and Lam had pleaded not responsible to conspiracy to publish and reproduce seditious publications — expenses that had been introduced underneath a colonial-era sedition legislation used more and more to crush dissidents. They withstand two years in jail and a high-quality of 5,000 Hong Kong {dollars} (about $640) for a primary offense.
Finest Pencil (Hong Kong) Ltd., the outlet’s holding firm, was convicted on the identical cost. It had no representatives throughout the trial, which started in October 2022.
Decide Kwok Wai-kin stated in his written judgment that Stand Information turned a instrument for smearing the Beijing and Hong Kong governments throughout the 2019 protests.
He stated a conviction is deemed proportional “when speech, in the relevant context, is deemed to have caused potential damage to national security and intends to seriously undermine the authority of the Chinese central government or the Hong Kong government, and that it must be stopped.”
The case was centered on 17 articles Stand Information had revealed. Prosecutors stated some promoted “illegal ideologies,” or smeared the safety legislation and legislation enforcement officers. Decide Kwok dominated that 11 carried seditious intent, together with commentaries written by activist Nathan Regulation and esteemed journalists Allan Au and Chan Pui-man. Chan can also be Chung’s spouse.
The choose discovered that the opposite six didn’t carry seditious intent, together with in interviews with pro-democracy ex-lawmakers Regulation and Ted Hui, who’re amongst overseas-based activists focused by Hong Kong police bounties.
Chung appeared calm after the decision whereas Lam didn’t seem in court docket because of well being causes. They got bail pending sentencing on Sept. 26.
Protection lawyer Audrey Eu learn out a mitigation assertion from Lam, who stated Stand Information reporters sought to run a information outlet with absolutely impartial editorial requirements. “The only way for journalists to defend press freedom is reporting,” Eu quoted Lam as saying.
Eu didn’t learn out Chung’s mitigation letter in court docket. However native media shops quoted his letter, by which he wrote that many Hong Kongers who are usually not journalists have held to their beliefs, and a few have misplaced their very own freedom as a result of they care about everybody’s freedom locally.
“Accurately recording and reporting their stories and thoughts is an inescapable responsibility of journalists,” he wrote in that letter.
After the decision, former Stand Information journalist Ronson Chan stated no person had advised reporters that they is likely to be arrested in the event that they did any interviews or write something.
The supply of the decision was delayed a number of occasions for numerous causes, together with awaiting the attraction final result of one other landmark sedition case. Dozens of residents and reporters lined as much as safe a seat for the listening to.
Resident Kevin Ng, who was among the many first within the line, stated he was once a reader of Stand Information and has been following the trial. Ng, 28, stated he learn much less information after its shutdown, feeling town has misplaced some vital voices.
“They reported the reality, they defended press freedom,” Ng, who works in risk management industry, said of the editors.
Stand News shut down following a police raid at its office and the arrests of its leaders. Armed with a warrant to seize relevant journalistic materials, more than 200 officers participated in the operation.
Days after Stand Information shut down, impartial information outlet Citizen Information additionally introduced it could stop operations, citing the deteriorating media surroundings and the potential dangers to its employees.
Hong Kong was ranked 135 out of 180 territories in Reporters With out Borders’ newest World Press Freedom Index, down from 80 in 2021. Self-censorship has additionally turn into extra distinguished throughout the political crackdown on dissent. In March, town authorities enacted one other new safety legislation that raised issues it might additional curtail press freedom.
Francis Lee, journalism and communication professor on the Chinese language College of Hong Kong, stated the ruling on which articles had been seditious seems to be drawing traces. Each time an article is a couple of one-sided political stance, extremely vital or considered as missing factual foundation, then that might be thought of as smearing, Lee stated.
Among the court docket’s logic differs from how journalists usually suppose, he stated. Journalists “might must be extra cautious any longer.”
Eric Lai, a analysis fellow at Georgetown Middle for Asian Regulation, stated the ruling is consistent with “the anti-free-speech trend” of rulings for the reason that 2020 safety legislation took impact, criminalizing journalists finishing up their skilled duties.
Overseas governments criticized the convictions. U.S. State Division spokesperson Matthew Miller wrote on X that it was a “direct assault on media freedom.”
Nevertheless, Eric Chan, Hong Kong’s Chief Secretary for Administration, insisted that when journalists conduct their reporting primarily based on information, there wouldn’t be any restrictions on such freedom.
Steve Li, chief superintendent of the police nationwide safety division, advised reporters the ruling confirmed their enforcement three years in the past — criticized by some as a suppression of free press — was essential.
