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A Hong Kong court has convicted two former editors for publishing inflammatory articles about pro-democracy activists, the first time journalists have been convicted of sedition in decades and deepening concerns about press freedom.
A Hong Kong district court on Thursday handed down convictions against Chung Pui-kuen and Lam Wai-keung, editors-in-chief of the now-defunct pro-democracy publisher Stand News and its parent company, in the first sedition case involving the media since Hong Kong’s return to Chinese rule.
The trial is seen as a barometer of press freedom in the once freewheeling financial hub after Chinese authorities violently cracked down on dissent. National Security Law Response Mass protests in 2019 Advocate for greater democracy.
Read more: A brief history of Hong Kong’s post-handover protests
Chong and Lin were charged with “conspiracy to publish and reproduce seditious publications,” which carries a maximum sentence of two years in prison. They pleaded not guilty when their trial began in 2022.
Prosecutors cited as evidence 17 articles published by Stand News in 2020 and 2021, such as interviews with pro-democracy activists, including those who had been convicted in another case under a Beijing-imposed national security law.
The court ruled that 11 of the articles had “seditious intent,” with some articles attacking the national security law and others “insulting” Beijing authorities without objective basis. The court accused Stand News of trying to promote “Hong Kong local autonomy” and becoming a tool to smear and discredit central and local authorities.
The decision drew criticism from local press unions and the U.S. government.
A spokesman for the U.S. consulate, which observed the verdict, said: “Journalism is not a crime. The Hong Kong court’s conviction of the former editor of Stand News for sedition is a direct attack on press freedom.”
British and EU diplomats were also in attendance as the judge announced the verdict to the courtroom and a room packed with members of the public and media.
The Hong Kong Journalists Association said the case reflected the decline of press freedom in Hong Kong.
“We strongly oppose the use of sedition laws – including those in the new Safeguarding National Security Ordinance – to prosecute those exercising their constitutional right to report on the news,” the group said in a statement, noting that the new national security law introduced by the Hong Kong SAR government in March increased the maximum penalty for sedition to 10 years in prison.
Wallace Chung and Lam were charged with violating a colonial-era sedition law revived in recent years that aims to target critics, including a radio host convicted of seditious speech.
Before a crackdown on freedoms in Beijing sparked concerns about the city’s status as a financial hub, Hong Kong was known as a haven for free speech and a vibrant media environment, a stark contrast to mainland China, where such freedoms are unheard of.
Hong Kong’s independent judiciary remains a huge draw for multinational companies, but an unprecedented exodus of senior foreign judges has heightened concerns about the future of the rule of law in the city. The 15 overseas judges who served on the city’s highest court since it was established in 1997 have left, down from about half of their peak in 2019.
Stand News, which covered the 2019 protests extensively, was forced to cease publication in late 2021 after authorities raided its offices and froze its assets. This follows similar raids on the offices of Apple Daily and its parent company Next Digital, where Jimmy Lai, Apple Daily’s former editor and founder, was accused of publishing seditious material.
Jimmy Lai will appear in court later this year to defend himself in a major national security case after a court rejected his bid to drop charges that could have seen the 76-year-old jailed for life. Jimmy Lai’s lawyers will defend the pro-democracy tycoon when the trial resumes on November 20.
More than 20 governments have criticize The Hong Kong and Chinese authorities have cited Stand News and Apple Daily as examples, accusing them of violating press freedom and suppressing Hong Kong’s independent media.
The World Press Freedom Index compiled by Reporters Without Borders shows that Hong Kong ranks 135th out of 180 regions, down from 18th place in 20 years.
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