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Court Upholds Rule of Law

Sentences Stand News Editor for Sedition

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Former Stand News chief editor Chung Pui-kuen, acting chief editor Patrick Lam Shiu-tung, and the news outlet's registered company were found guilty of conspiring to publish or reproduce seditious publications. The three defendants were convicted late last month. Judge Kwok Wai-kin stated that society was severely divided at the time of the offenses, making the government an easy target for rumors and attacks. He ruled that 11 articles published by Stand News were seditious. Sentencing took place today (26th) in the District Court. The defense pleaded for leniency, citing Lam's poor health, including kidney function reduced to only 30%, and his 313 days of detention since his arrest. After considering these arguments, Judge Kwok sentenced Chung Pui-kuen to 21 months in prison and released Patrick Lam Shiu-tung.

Judge Kwok stated that the defendants were not genuinely performing journalistic work but were participating in the so-called "resistance" movement, siding with protesters and opposing the government. He deemed immediate imprisonment the only appropriate sentence. However, considering Lam's medical condition and the potential risk to his life if re-imprisoned, the judge decided on a sentence that allowed for his immediate release. Stand News's registered company was fined HK$5,000.

In his verdict last month, Judge Kwok pointed out that while protesters' radical actions were unchecked at the time of the offenses, the pro-protest camp still won a landslide victory in the District Council elections. This demonstrated a prevailing sentiment of "all positions first, goals paramount, regardless of the means," which he described as the "advent of the populist era in Hong Kong." Society was deeply divided, and even after the enactment of the National Security Law, instability persisted, leaving the government vulnerable to attacks fueled by rumors.

Judge Kwok also referred to Stand News's inaugural statement: "Hong Kong is the home ground of Hong Kong people; guarding the home ground is our unwavering stance." He interpreted this as advocating for "localism that excludes China from Hong Kong people's self-determination of Hong Kong." Considering Stand News's founding background and editorials, Judge Kwok concluded that its media orientation was to support and promote Hong Kong's autonomy, becoming a tool to smear the central and Hong Kong governments during the anti-extradition bill protests.

Ultimately, Judge Kwok ruled that 11 of the articles in question were seditious. Considering the context of the time and Stand News's media orientation, along with Chung and Lam's roles as chief editors, Chung having published 10 of the seditious articles and Lam all 11, Judge Kwok determined that they must have been aware of and endorsed the articles' seditious intent, or at least disregarded the potential consequences. He subsequently found both individuals and their employer, the first defendant, guilty.

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