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A Hong Kong court is set to sentence two journalists Thursday in a landmark sedition case that is widely seen as an indicator of media freedom in a city once known as a beacon of press freedom in Asia.
Stand News former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Patrick Lam were the first journalists convicted under a colonial-era sedition law since the former British colony returned to Chinese rule in 1997.
The now-shuttered 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 publications, along with Best Pencil (Hong Kong) Ltd., the outlet’s holding company. They face up to two years in prison and a fine of 5,000 Hong Kong dollars (about $640).
Judge Kwok Wai-king wrote in his verdict 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 pair’s 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 Beijing or Hong Kong's government and the judiciary.
On Thursday morning, dozens of residents were in lines to secure a seat in the courtroom.
Former Stand News reader Andrew Wong, 35, said he wanted to attend the hearing to show his support though he felt like “attending a funeral.” Wong, who works in a non-governmental organization, said he had expected the convictions last month but he still felt “a sense that we've passed a point of no return" when he heard about the verdict.
“Everything we have in the past are 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.
Their lawyer Audrey Eu argued for the pair to be sentenced to up to time served, saying their case was different because they were journalists whose responsibility was to report on the city's situation and different people's views. The pair also stressed their journalistic mission in their mitigation letters.
The pair was detained for nearly a year after their arrests before being released on bail in late 2022.
Eu said Lam has been diagnosed with a rare disease and has had to undergo chemotherapy. Lam, who has a young daughter, lost his chance to pursue overseas studies due to this case, she said. Chung has been out of work and his wife is now in custody, she added.
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.
