What's at stake as 2 Hong Kong journalists await a verdict in their sedition trial?

Two journalists who led a now-shuttered Hong Kong online news outlet will hear a verdict in their sedition case on Thursday, in a trial that’s seen as an indicator for press freedom in the semi-autonomous Chinese city

Two journalists who led a now-shuttered Hong Kong online news outlet will hear a verdict in their sedition case on Thursday, in a trial that's seen as an indicator for press freedom in the semi-autonomous Chinese city.

The trial of Stand News ' former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Patrick Lam began almost two years ago. It's Hong Kong's first sedition case involving 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's been increasingly used to target dissent as part of a crackdown that followed huge anti-government protests in 2019.

Here is what you need to know:

What was Stand News?

Stand News was one of the last remaining openly critical media outlets in Hong Kong following the shuttering of the Apple Daily newspaper in June 2021.

It was founded as a non-profit by businessman Tony Tsoi and media veterans Yu Ka-fai and Chung in December 2014, promising to uphold independent editorial standards and writing in a founding message that the responsibility of media is to keep power in check.

During the massive 2019 anti-government protests, Stand News gained prominence for its live-streaming coverage from the front lines and attracted many democracy supporters for its critical reporting against the authorities.

The city’s secretary for security Chris Tang and its police criticized the outlet, saying some of its reports were “misleading,” while Hong Kong residents surveyed by the researchers at the Chinese University of Hong Kong rated it among the most credible outlets in the city in 2019.

How did the journalists wind up on trial?

In 2021, Hong Kong witnessed the shutdown of dozens of civil society groups under the shadow of a Beijing-imposed national security law, with many prominent activists arrested. In June that year, authorities arrested members of Apple Daily’s top management and froze its assets. The newspaper’s founder Jimmy Lai is now fighting collusion charges and faces up to life in prison if convicted.

On Dec. 29 2021, police raided Stand News office. The same day, they arrested Chung and Lam alongside 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 down.

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

What’s the bigger picture for civil liberties in Hong Kong?

Days after Stand News shut down, independent news outlet Citizen News announced it would cease operations, citing the deteriorating media environment and the potential risks to its staff.

The shuttering of Apple Daily, Stand News and Citizen News within months dealt a blow to the city’s once vibrant press scene.

The shutdowns were widely seen as the casualties during the political crackdown on the civil society. Many activists were prosecuted, silenced or forced into self-exile after the 2020 security law took effect. The Hong Kong government in March enacted a new, home-grown security law that critics fear would further curtail the city's civil liberties.

The delivery of the verdict for the editors has been delayed several times, including once for awaiting the appeal outcome of another landmark sedition case.

Eric Lai, a research fellow at Georgetown Center for Asian Law, said the case is significant because it was the first sedition case the Hong Kong government brought against news editors and a media outlet since the 1997 handover. Lai said the British colonial government had stopped using the sedition law in its final decades.

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

What are the journalists accused of?

The sedition law outlaws the promulgation of seditious publications, among other acts, and defines seditious intent include aiming to incite hatred or contempt against the Chinese central government, the Hong Kong government or the judiciary.

The prosecution accused Chung and Lam of conspiring to publish and reproduce seditious articles, calling Stand News a political platform.

The prosecution’s case is based on 17 articles published between July 2020 and December 2021, including stories featuring pro-democracy ex-lawmakers Nathan Law and Ted Hui, who are among a group of overseas-based activists targeted by Hong Kong police bounties and interviews with three participants in a primary election organized by the pro-democracy camp in 2020. The trio were convicted in a separate national security case.

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

What happened at the trial?

The trial was initially expected to last 20 days but ran over to some 50 days.

The government lawyers said some of the articles helped promote “illegal ideologies,” as well as smearing the security law and law enforcement officers.

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

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

Lam, who also pleaded not guilty, chose not to give testimony.

Best Pencil (Hong Kong) Ltd., the holding company for Stand News, faces the same charge but had no representatives as the trial began in October 2022.