Two Hong Kong journalists convicted in sedition case seen as barometer of media freedom

The case has been viewed as a indicator of the future of media freedom in Hong Kong, once considered a bastion of free press in Asia. The trial in the case was Hong Kong’s first since the former British colony came under Chinese rule in 1997.

Judge Kwok Wai-kin said in his written judgement that Stand News’ became a tool for smearing the Beijing and Hong Kong governments during the 2019 protests. “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,” he said.

Of the 17 articles that the case was centered on, prosecutors said some promoted “illegal ideologies”, smearing the security law and law enforcement officers. Judge Kwok found that 11 of the carried seditious intent, including commentaries written by activist Nathan Law and esteemed journalists Allan Au and Chan Pui-man. Chan is also Chung’s wife. He found that the other six did not, such as interviews with pro-democracy ex-lawmakers Law and Ted Hui, who are among a group of overseas-based activists targeted by Hong Kong police bounties.

Defense lawyer Audrey Eu read out a mitigation statement from Lam, who said Stand News reporters sought to run a news outlet with fully independent editorial standards. “The only way for journalists to defend press freedom is reporting,” Eu quoted Lam saying.

Eu did not read out Chung’s mitigation letter in court. But local media outlet quoted his letter, in which he wrote that that many Hong Kongers who are not journalists have held to their beliefs, and some have lost their own freedom because they care about everyone’s freedom in the community. “Accurately recording and reporting their stories and thoughts is an inescapable responsibility of journalists,” he wrote in that letter.

Among the last media outlets that openly criticised the government amid pro-democracy protests in 2019, Stand News shut down just months after the pro-democracy Apple Daily newspaper. The latter’s jailed founder Jimmy Lai is fighting collusion charges under a sweeping national security law enacted in 2020.

Stand News shut down in December 2021, following a high-profile police raid at its office and the arrests. Armed with a warrant to seize relevant journalistic materials, more than 200 officers participated in the operation. Days after Stand News shut down, independent news outlet Citizen News also announced it would cease operations, citing the deteriorating media environment and the potential risks to its staff.

Under the colonial era sedition law under which Chung and Lam have been charged, those found guilty face up to two years in prison and a fine of 5,000 Hong Kong dollars (about USD 640) for a first offense.

Hong Kong was ranked 135 out of 180 territories in Reporters Without Borders’ latest World Press Freedom Index, down from 80 in 2021. The Hong Kong government insists the city still enjoys press freedom, as guaranteed by its mini-constitution.

With inputs from The Associated Press