What is at stake as two Hong Kong journalists await verdict in their sedition trial?

HONG KONG – Two journalists who ran a now-closed online news channel in Hong Kong will hear the verdict in their sedition case on Thursday. The trial is seen as a barometer for press freedom in the semi-autonomous Chinese city.

The trial of former Stand News editor-in-chief Chung Pui-kuen and former deputy editor-in-chief Patrick Lam began nearly two years ago. It is Hong Kong's first sedition case involving the media since the former British colony returned to Chinese rule in 1997.

The journalists were charged with conspiracy to publish seditious materials under a colonial-era law that has been increasingly used to crack down on dissent in crackdowns following major anti-government protests in 2019.

What you need to know:

What was the current news?

Stand News was one of the last openly critical media outlets in Hong Kong after the closure of Apple Daily in June 2021.

The organization was founded in December 2014 as a nonprofit by businessman Tony Tsoi and media veterans Yu Ka-fai and Chung. It promised to uphold independent editorial standards and wrote in its founding message that it was the media's responsibility to keep power under control.

During the massive anti-government protests in 2019, Stand News rose to prominence through its live-streamed coverage from the front lines and won over many pro-democracy supporters with its critical reporting of the authorities.

City Security Minister Chris Tang and police criticized the outlet, saying some of its reports were “misleading.” However, Hong Kong residents surveyed by researchers at the Chinese University of Hong Kong ranked it among the city's most credible media outlets in 2019.

How did the journalists end up being brought to justice?

In 2021, dozens of civil society groups were shut down and numerous prominent activists were arrested in Hong Kong under the shadow of a national security law imposed by Beijing. In June of that year, authorities arrested members of Apple Daily's senior management and froze their assets. The newspaper's founder, Jimmy Lai, is now fighting charges of collusion and faces life in prison if convicted.

On December 29, 2021, police raided Stand News' offices. That same day, they arrested Chung and Lam, as well as four former board members and Chung's wife, Chan Pui-Man, a former Apple Daily editor. Assets worth about 61 million Hong Kong dollars ($7.8 million) were also frozen, forcing Stand News to close.

Of the seven arrested, only Chung and Lam were later charged in connection with Stand News. Chan was charged in the Apple Daily case and later pleaded guilty.

What is the overall situation of civil rights in Hong Kong?

A few days after the closure of Stand News, the independent news channel Citizen News announced that it would cease operations due to the deteriorating media landscape and the potential risks to its employees.

The closure of Apple Daily, Stand News and Citizen News within a few months was a severe blow to the city's once vibrant press scene.

The closures were widely seen as a casualty of the political crackdown on civil society, with many activists facing prosecution, silence or forced into exile after the 2020 security law came into force. Hong Kong's government passed a new, homegrown security law in March that critics fear would further restrict civil liberties in the city.

The verdict for the editors was postponed several times, partly because the outcome of the appeal in another landmark case of sedition was awaited.

Eric Lai, a research fellow at the Georgetown Center for Asian Law, said the case was significant because it was the first sedition case brought by the Hong Kong government against news editors and a media outlet since the handover of power in 1997. Lai said the British colonial government had not used the sedition law in recent decades.

But the Hong Kong government insists that the city still enjoys these freedoms, as guaranteed by its mini-constitution, and that their exercise may be subject to restrictions provided for by law.

What accusations are being made against the journalists?

The Anti-Sedition Law prohibits, among other things, the distribution of seditious publications and defines seditious intent as inciting hatred or contempt against the Chinese central government, the Hong Kong government or the judiciary.

Prosecutors accused Chung and Lam of conspiring to publish and reproduce seditious articles and described Stand News as a political platform.

The charges are based on 17 articles published between July 2020 and December 2021. They include stories about former pro-democracy lawmakers Nathan Law and Ted Hui, who are among a group of overseas activists who have had bounties placed on their heads by Hong Kong police, and interviews with three participants in a 2020 primary election organized by the pro-democracy camp. The trio were convicted in a separate national security case.

If convicted, defendants face up to two years in prison and a fine of 5,000 Hong Kong dollars (about 640 US dollars) for a first offense. They have the right to appeal the verdict.

What happened at the trial?

The original negotiation period was 20 days, but lasted about 50 days.

Government lawyers said some of the articles were intended to spread “illegal ideologies” and bring the security law and police officers into disrepute.

During the trial, Chung, who pleaded not guilty, denied that Stand News was a political platform and stressed the importance of freedom of expression.

“Freedom of speech should not be restricted on the grounds that dangerous ideas must be eradicated, but rather it should be used to eradicate dangerous ideas,” he said.

Lam, who also pleaded not guilty, declined to testify.

Best Pencil (Hong Kong) Ltd., Stand News' holding company, faces the same charges but had no representation when the trial began in October 2022.