Senior Hong Kong journalist is sentenced to prison in sedition case

Legal Analysis

A Hong Kong court sentenced a former editor of a shuttered news publication to 21 months in prison on Thursday in a sedition case that is widely seen as an indicator of media freedom in the city, once hailed as a beacon of press freedom in Asia. A second editor was freed after his sentence was reduced because of ill health and time already served in custody.

Former Stand News editor-in-chief Chung Pui-kuen and former acting editor-in-chief Patrick Lam are the first journalists convicted under a colonial-era sedition law since the former British colony returned to Chinese rule in 1997. Chung was sentenced to 21 months, while Lam was also sentenced but allowed to go free.

The news outlet was one of last in Hong Kong that dared to criticize authorities as Beijing imposed a crackdown on dissidents following massive pro-democracy protests in 2019.

The closure came months after the demise of pro-democracy newspaper Apple Daily, whose jailed founder Jimmy Lai is battling collusion charges under a tough national security law imposed by Beijing in 2020.

Last month, the court found Chung and Lam guilty of conspiracy to publish and reproduce seditious materials, along with Best Pencil (Hong Kong) Ltd., Stand News’ holding company. They faced up to two years in prison and a fine of 5,000 Hong Kong dollars (about $640).

Judge Kwok Wai-kin began the sentencing hearing two hours after the scheduled time. The journalists’ lawyer, Audrey Eu, requested a sentence mitigation, saying Lam had been diagnosed with a rare disease and she was concerned that he could not be treated by the hospital handling his case if he were sent to jail again.

She argued that they be sentenced to up to time served, saying their case was different because they were journalists whose duties were to report different people’s views. The pair were detained for nearly a year after their arrests before being released on bail in late 2022.

In his sentencing, Kwok said the defendants were not genuine journalists but had participated in the territory’s resistance movement.

Kwok wrote in his verdict in August that Stand News had become a tool for smearing the Beijing and Hong Kong governments during the 2019 protests. He ruled that 11 articles published under the defendants’ leadership carried seditious intent, including commentaries written by activist Nathan Law and veteran journalists Allan Au and Chan Pui-man. Chan, who is also Chung’s wife, earlier pleaded guilty in the Apple Daily case and is in custody awaiting her sentence.

Kwok said Lam and Chung were aware of and agreed with the seditious intent, and that they made Stand News available as a platform to incite hatred against the Beijing and Hong Kong governments and the judiciary.

Eu told the court that the articles in question represented only a small portion of what Stand News had published. The defendants also stressed their journalistic mission in their mitigation letters.

On Thursday morning, dozens of people waited in line to secure a seat in the courtroom. Former Stand News reader Andrew Wong said he wanted to attend the hearing to show his support, though he felt it was like “attending a funeral.” Wong, who works in a non-governmental organization, said he expected the convictions last month, but still felt “a sense that we’ve passed a point of no return” when he heard the verdict.

“Everything we had in the past is gone,” he said. Their trial, which began in October 2022, lasted some 50 days. The verdict was postponed several times for reasons including a wait for an appeal outcome in another landmark sedition case.

Hong Kong was ranked 135 out of 180 territories in Reporters Without Borders’ latest World Press Freedom Index, down from 80 in 2021, and 18 in 2002.

Self-censorship has also become more common during the political crackdown on dissent following the 2019 protests, with increased reports of harassment against journalists in recent months. In March, the city government enacted another new security law that raised concerns about further curtailment of press freedom.

Related listings

  • Supreme Court: CFPB funding doesn't violate Constitution

    Supreme Court: CFPB funding doesn't violate Constitution

    Legal Analysis 05/17/2024

    The Supreme Court on Thursday rejected a conservative-led attack that could have undermined the Consumer Financial Protection Bureau.The justices ruled 7-2 that the way the CFPB is funded does not violate the Constitution, reversing a lower court and...

  • Prosecutors seek from 40 to 50 years in prison for Sam Bankman-Fried

    Prosecutors seek from 40 to 50 years in prison for Sam Bankman-Fried

    Legal Analysis 03/15/2024

    FTX founder Sam Bankman-Fried’s orchestration of one of history’s largest financial frauds in his quest to dominate the cryptocurrency world deserves a prison sentence of 40 to 50 years, federal prosecutors on Friday told a federal judge....

  • Ex-Illinois lawmaker abruptly pleads guilty to fraud and money laundering

    Ex-Illinois lawmaker abruptly pleads guilty to fraud and money laundering

    Legal Analysis 02/17/2024

    Former Illinois lawmaker and gubernatorial candidate William “Sam” McCann abruptly pleaded guilty on Thursday to nine felony counts of wire fraud, money laundering and tax evasion, halting his federal corruption trial over misusing up to ...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.