Two Former Editors Convicted of Sedition in HK

Chung (left) and Lam (right) were convicted of sedition

Two former editors of the now-defunct online news portal Stand News were convicted of conspiracy to publish seditious articles following the implementation of the national security law in 2020.

Judge Kwok Wai-kin, handpicked by the chief executive, ruled that former editor-in-chief Chung Pui-kuen, 54, and ex-acting editor-in-chief Patrick Lam Shiu-tung, 36, had either knowingly approved the illegal articles, or been reckless about the consequences of their actions.

Kwok ruled 11 of the 17 articles presented to the court were seditious, including an interview with journalist-turned-activist Gwyneth Ho Kwai-lam, and a commentary by fugitive former lawmaker Nathan Law Kwun-chung, had advocated anti-government ideologies and disparaged police and prosecutors.

Chung was released on bail following conviction

The district court judge wrote that Stand News had become a "danger to national security".

Their newspaper's editorial line supported "Hong Kong local autonomy", he added. "It even became a tool to smear and vilify the Central Authorities [in Beijing] and the [Hong Kong] SAR Government," he said in a written judgement.

Chung and Lam had both pleaded not guilty; the former attended the verdict, while Lam was not there due to health issues. Kwok did not immediately hand down a sentence, but the pair could face a two-year prison sentence and fined HK$5,000 (US$640). They will be sentenced next month and are currently out on bail.

This case was seen as a litmus test for Hong Kong's press freedoms and the verdict has sent a chill in the local media sector.

During mitigation on Thursday, Lam's lawyer, Audrey Eu read out a letter on his behalf, in which he regretted not telling the police one thing after his arrest:

Lam was arrested in December 2021

"Journalists do not have to be loyal to anyone, support anyone or be enemies of anyone," he wrote. "And if we really have someone to be loyal to, it will be the public and only the public because we believe in freedom of the press and freedom of speech."

However Kwok did not see it that way and convicted the pair using colonial sedition laws.

While the Committee to Protect Journalists called the ruling "another nail in the coffin for Hong Kong's press freedom", the Hong Kong government hailed the verdict, saying: "Any individual organisation that incites hatred and engages in acts and activities endangering national security can never escape sanctions of the law, and such malicious acts will surely be duly punished."

A government spokesman added that journalists were free to air criticism based on facts, but said that "Stand News completely disregarded objective facts and contravened the special duties and responsibilities emphasised by international human rights conventions which journalists must observe."

HK Near Bottom of Press Freedom Index

This year's press freedom map, with HK as "difficult situation"

Today is World Press Freedom Day.

The World Press Freedom Index was released and Hong Kong has risen slightly to 140 from 148 this year, while China is at 179, just above North Korea at the very bottom of the list.

Put into perspective, Hong Kong is behind Colombia and Cameroon, but above Somalia and Brunei. 

The city's ranking plunged last year after the national security law was implemented in 2020 -- that is in stark contrast to when Hong Kong was ranked as high as 18 in 2002 when the World Press Freedom Index was first released. 

Ranking of all the countries from Norway as No. 1 to North Korea at 180

"The slight rise in the index this year is mostly due to the fact of adjustment in the index after [a] sharp drop of 68 places last year -- at the same time, Hong Kong has scored lower or the same as last year in three of five indicators... and the most notably the lowest in the legal factor," Cedric Alviani, East Asia bureau director of Reporters Without Borders [RSF] said.

The "legal factor" Alviani is referring to is the trials of editors and reporters at the defunct Apple Daily and Stand News. 

He said the watchdog recorded 13 "press freedom defenders" detained under "trumped up charges".

Most notably in the last few weeks there has been a concerted campaign by Apple Daily founder Jimmy Lai Chee-ying's lawyers and his son Sebastien to raise awareness of the tycoon and how Lai has already served one of his sentences for illegal assembly and is serving another sentence of five years and nine months for a fraud case. His trial for allegedly violating the national security law will start in September.

Alviani notes the deteriorating situation in HK

"In the past month -- and week -- we have also observed cases of media outlets being barred from reporting on official events, while a few journalists including from independent online media outlets have been followed," Alviani said.

He also noted the increasing number of journalists in exile, including those who made "a very difficult decision to leave their home due to increasing pressure from the government" for places including the UK and Taiwan.

Alviani said the slight change in Hong Kong's ranking in the index should not be seen as an improvement, but rather the ranking movement of other countries and the index adjustment.

Journalism is not a crime.

Journalism is not a crime.

Journalism is not a crime.

National Security Law at Work in the Courts

Chow and two others were sentenced to 4.5 months in prison

What happened today?

Three members of the group that organised the Tiananmen Square candlelight vigil for 30 consecutive years, were jailed for 4.5 months for refusing to assist police in an investigation into the group's alleged breaches of the national security law.

The Hong Kong Alliance in Support of Patriotic Democratic Movements of China former vice-chairwoman Chow Hang-tung, and ex-standing committee members Tsui Hon-kwong and Tang Ngok-kwan were convicted earlier this month.

During the trial the trio maintained the alliance was not a foreign agent, and thus had no obligation to cooperate with the authorities, but the court found "reasonable grounds" to believe otherwise, saying the group had "close" interactions with local and overseas organisations that shared "common objectives".

Tsui and Tang were also alliance members

In sentencing today, Chow, who is also a lawyer, gave a speech in court that was interrupted several times by Magistrate Peter Law for only wanting to hear points in "pure legal sense".

She said in part: "With the notice and the degrading designation as foreign agent, the government was effectively saying to us -- bend your knees, betray your friends, betray your cause, accept an absolute authority to know all and decide all and you shall have peace.

"What we are saying with our actions is simply one word -- never. Never will we surrender our independence from the state. Never will we illegitimise our movement by endorsing the government's false narrative. Never will we treat ourselves and our fellow friends as criminals just because the government says we are.

"We will fight this injustice wherever we must, be it in the streets, or in the courtroom, or in the prison cell. This is a battle we will fight on and here in this city we call home for our freedom to be ourselves is at stake here."

Chow is now waiting to face another trial for allegedly inciting subversion of state power under the national security law with the alliance's former chairman Lee Cheuk-yan and vice-chairman Albert Ho Chun-yan.

Tang was arrested outside Stanley Prison

Speaking of Lee, his wife Elizabeth Tang Yin-ngor had just visited him in Stanley Prison when the police arrested her on suspected collusion with foreign forces under the national security law.

Two days later she was granted bail of HK$200,000 two days later and surrendered her travel documents. She had recently returned to Hong Kong after being in the United Kingdom since 2021.

When Tang was released she spoke to reporters about not understanding why she was arrested in the first place.

"I don't understand. My work has always been for labour rights and workers organising unions. I don't know why that would be considered unlawful, not to mention endangering national security," Tang said.

Another person on trial for sedition is Chung Pui-kuen, a former editor of the now defunct Stand News. 

Chung was questioned over an op-ed that compared Hong Kong to the fictional totalitarian regime in George Orwell's dystopian novel Nineteen Eighty-Four.

Chung had to explain novel Nineteen Eighty-Four

The judge presiding over the trial asked whether Nineteen Eighty-Four was a book and what it was about.

Towards the end of questioning about the op-ed, Judge Kwok Wai-kin interrupted the lead prosecutor and asked Chung if Nineteen Eighty-Four was a book, adding: "I have never read it, can you tell me a bit more about the book?"

After Chung gave a brief overview of Orwell's novel, the lead prosecutor said: "Wait -- so this is a rewrite? What are the original lines?"

Chung told her he could give her the original lines later. The judge has never read the book, and to prepare for the case the lead prosecutor didn't read the novel either?

This is what is happening in Hong Kong's law courts these days. 

Good News and Bad News

Victor Chen perfectly encapsulates Leave Home Safe app

I was going to write that Hong Kong was the last place on earth to mandate using a Covid-19 tracking app, but just a few hours ago the government has decided residents don't need to scan the dreaded QR codes everywhere they go, but must show their vaccination records at restaurants.

Not only that -- when people arrive in the city and test negative, they are free to go anywhere they wish -- no more getting takeaway food and staying at home for three days. 

The Hang Seng Index immediately shot up to over 19,000 points upon news of the announcement.

Lo looks silly for defending the unnecessary app

Secretary for Health Dr Lo Chung-mau will have to explain himself on why he was so insistent that the Leave Home Safe app was here to stay forever when the winds across the mainland were about to change. Did he not get the memo or was he trying to keep up the appearance that Hong Kong was on a different track than China?

Christmas and New Years is going to be bustling business for Hong Kong, but restaurants and retail have been badly battered by the last three years, some barely surviving, others going gangbusters.

Now the next question is when the border between the mainland and Hong Kong will reopen, and at this rate one may assume before Chinese New Year (January 22). 

Another person desperately trying to show his faithfulness to Beijing is Secretary for Security Chris Tang Ping-keung. He accused Google of "double standards" when the tech giant refused to ensure the Chinese national anthem is at the top of the search result following several blunders in international rugby matches where they played the 2019 protest song Glory to Hong Kong instead of the Chinese anthem, March of the Volunteers.

Tang insists that Google obey HK government

"Google claimed it could not accede to our request because [the search results are determined by] algorithm and it cannot do anything with it," he said. "But it has been widely known that anyone who wants their information to be seen by more people could spend money on adverts to get their posts promoted. The claim by Google that its hands are tied is incomprehensible and I am sure Hongkongers would find it unacceptable."

Why not spend money on buying adverts on Google then? The Hong Kong Tourism Board has been desperately throwing money around to promote the city as being back in business...

Or as activist investor David Webb has suggested, as Hong Kong has its own flag and currency, why not give the city its own anthem? 

Tang's flogging a dead horse -- time to move on. No one is listening.

Meanwhile it is heartening to hear the former editor-in-chief of the now defunct Stand News is out on bail after being remanded in custody for almost a year on sedition charges.

Ex-Stand News chief editor now out on bail

Chung Pui-kuen, 53, paid HK$100,000 cash bail with a surety from his brother of HK$50,000 after the judge assessed Chung would not be a national security threat.

However his travel documents were suspended and he is not allowed to give media interviews. 

His lawyer, Senior Counsel Audrey Eu Yuet-mee said in court that Chung would not be a flight risk as his wife, Chan Pui-man was also remanded in custody regarding the now defunct Apple Daily on charges of collusion with foreign forces.

Chung's colleague, former acting editor-in-chief Patrick Lam Shiu-tung, 35, and Stand News' holding company Best Pencil (Hong Kong) Limited are accused of conspiracy to publish seditious publications. Lam was granted bail last month.

But things are getting worse for Jimmy Lai Chee-ying, founder of the defunct Apple Daily.

Lai's NSL trial not until September 2023

He was sentenced to 69 months (five years and nine months) and a HK$2 million fine for breaching a commercial lease contract that somehow has morphed into criminal fraud. 

Not only that, he has received word that his national security trial won't be heard until September next year, as the Hong Kong government is waiting on Beijing for an interpretation of legislation on whether Lai is allowed to have foreign representation in court.

Meanwhile his son Sebastien, who is based in Taiwan, is calling on the UK government to take action, as his father is a UK national.

"My dad is a British citizen who has done nothing wrong. I call on the UK Government to take urgent action to protect my dad immediately and secure his freedom. The UK must do all it can to stop this, and do it now," he wrote in a statement.

Unfortunately Lai is at the bottom of the UK government's to-do list but will Lai make it through mentally and physically? Not everyone has his patience and determination.

Is Hong Kong Back in Business?

Chan gave a pre-recorded message from Saudi Arabia

Hong Kong's back baby! FinTech Week has kicked off in the city, but its host, Financial Secretary Paul Chan Mo-po contracted Covid-19 in Riyadh, Saudi Arabia and can't come back until he tests negative. 

It's quite embarrassing to not be able to be there to host your own party, isn't it?

He started his speech apologising for not being at the opening ceremony in person. "Obviously the Arabian hospitality is keeping me away," he joked.

Har-har.

The event is held at the convention centre

Chan told the audience in a pre-recorded message that the event was a "memorable moment for Hong Kong in a great many ways... In a great many ways, we're telling the world that we're back. Back in business, back in the business, and pleasure, of welcoming you to Hong Kong."

Quite repetitive. Does he have anything else to say?

On Wednesday the Global Financial Leaders' Summit kicks off, followed by the Hong Kong Sevens rugby tournament two days later. Oh good news! People can eat in their seats while watching the games now!

There is also the fact that some heads of American banking institutions are attending the event when the US government has warned them of "whitewashing human rights violations" with their presence and enabling Chief Secretary John Lee Ka-chiu's strategy of opening up when he is one of several government officials sanctioned by the US for cracking down on human rights in the city.

As a result, Lee cannot open a bank account with these financial institutions whose top executives are sharing the stage with him later this week.

Stand News' Lam was arrested last December

While this hoopla about luring top bankers to come to Hong Kong as proof that it's back in business is taking place at the Hong Kong Convention and Exhibition Centre, some 300 metres away in a courtroom are two former editors of the defunct Stand News are on trial for conspiracy to publish seditious publications, a sedition law from the colonial era.

Stand News editor-in-chief Chung Pui-kuen and acting editor-in-chief Patrick Lam were arrested last December and if convicted, they could face a maximum jail term of two years and a fine of HK$5,000 (US$640) for a first offense, and three years for a subsequent offense. 

Their trial is expected to last 20 days.

Is this what Chan means by Hong Kong's back? 

John Lee's "Press Freedom"

Lee says media can help promote "one country, two systems"

Before John Lee Ka-chiu became Chief Executive of Hong Kong, he claimed press freedom existed in the city and therefore there was no need to defend it.

"Freedom of the press always exists in Hong Kong. I think there's no need to use the word 'defend' because it exists and we attach great importance to press freedom. But press freedom needs to fulfil the requirements of the law. Hong Kong is a place with rule of law, any action or activities must be lawful," he said in April.

Apple Daily was shut down under Lee's watch

But what is the definition of press freedom? According to Merriam-Webster: "the right of newspapers, magazines, etc to report news without being controlled by the government".

May we remind him that Reporters Without Borders recently ranked Hong Kong's press freedom at 148 out of 180 countries, when last year it was at No. 80 and in 2002 at No. 18.

So it's intriguing for Lee to now say the media and him "are in the same boat", and that he hoped the news sector would help him in promoting the accomplishments of the "one country, two systems" principle to the world.

"We have to publicise the successful experience of One Country, Two Systems to the world, and [publicise] Hong Kong's extraordinary achievements under its unique advantages," Lee said during a video call at a Handover anniversary event hosted by the pro-Beijing Hong Kong Federation of Journalists.

Stand News editor arrested, later shut down

"We need to use all possible means, from newspapers, TV [and] radio to the internet, new media and social media, to promote the competitiveness of Hong Kong from all directions," Lee added.

He ended his speech saying he and journalists are "in the same family" and "in the same boat."

It's ironic for him to say that when he was Secretary for Security Apple Daily and Stand News were investigated and shut down, and other smaller independent media outlets closed out of fear of the national security law.

How are him and journalists in the same boat?

And what successes has Hong Kong had lately to merit trumpeting "one country, two systems"? In the last few years "two systems" are fast becoming one.

Lee will continue to use this kind of gaslighting language -- and how much longer will its residents withstand living in this parallel universe?

The only achievement in the last few years was to drive people and companies away from Hong Kong due to the national security law and the severely restrictive Covid-19 regulations that have strangled any opportunity to revive the city's economy...

HK's Press Freedom Plunges Further

Hong Kong's press freedom has fallen to No. 148 this year

May 3 is World Press Freedom Day and it is sad and shocking to see Hong Kong plunge further down the Reporters Without Borders' World Press Freedom Index.

Alviani says HK has biggest drop of the year

In 2002 Hong Kong was ranked No. 18, when the index was first published.

Last year the city fell to No. 80.

This year it's ranked No. 148, in between the Philippines and Turkey. China is ranked at 175 out of 180.

"It is the biggest downfall of the year, but it is fully deserved due to the consistent attacks on freedom of the press and the slow disappearance of the rule of law in Hong Kong," said Cedric Alviani, head of RSF's Taiwan-based East Asia bureau.

"In the past year we have seen a drastic, drastic move against journalists," he added.

Lai in jail for numerous convictions and charges

The implementation of the national security law not only led to the arrests of pro-democracy lawmakers and activists, but also in the past two years against journalists as well.

Last year Apple Daily and Stand News, two popular outlets that were critical of the government, shut down after newsroom editors and executives were arrested and company assets were frozen by the security law.

RSF's database now lists 13 Hong Kong media workers in jail, a number Alviani described as "enormous", and equivalent to almost 10 percent of all known journalist detentions in China. 

In addition last week there was huge uproar when the Foreign Correspondents' Club announced it would "suspend" handing out Asia's prestigious Human Rights Awards, citing constantly changing "red lines" due to the national security law.

RTHK gutted into government spokes piece

While there is relief the Human Rights Awards will be awarded from next year at Arizona State University, the fact that it has moved not only tarnishes the FCC's reputation for lacking courage in this difficult time made the club look like a coward.

Several journalists on the Press Freedom judging panel quit the club as an act of protest. 

And while there are still international media outlets in Hong Kong, such as AFP, Bloomberg, CNN, the Economist and the Financial Times, how much longer can they stay in the city?

No media can do without correspondents in Hong Kong. But do the media need to have their regional headquarters in Hong Kong?" asked Alviani.

"Is it safe to leave your computer archive, to leave your server, to leave your management team in Hong Kong? In the current situation, maybe not."

RSF says 13 media workers jailed, like Stand News

Who would have thought in 25 years since the handover, but in particular in the last two years the media landscape would have changed so drastically in Hong Kong?

But here we are, sitting at No. 148, falling closer to its Motherland...