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November 1, 2024
The Witness: Stand News Case | Patrick Lam Shiu-tung Convicted of Sedition, Appeals Conviction
In the case of “conspiracy to publish seditious publications” brought against Stand News, former chief editor Chung Pui-kuen was sentenced to 21 months in prison in September this year, while acting chief editor Patrick Lam Shiu-tung, due to health conditions, was granted a sentence that allowed for his immediate release after accounting for time already spent in custody. Judge Kwok Wai-kin stated that he did not accept that the two were engaged in legitimate journalistic activities at the time of the incident, suggesting their involvement in protests.
Patrick Lam has challenged his conviction and filed an appeal on Tuesday (22nd). According to the judiciary’s website, no hearing date has been set yet. The Department of Justice confirmed to “The Witness” that it had received a notice of application for permission to appeal filed by Patrick Lam Shiu-tung.
Appellant Patrick Lam Shiu-tung and co-defendant Chung Pui-kuen were convicted of conspiracy to publish seditious publications. On September 26, 2024, Judge Kwok Wai-kin took into consideration that Patrick Lam Shiu-tung, the acting editor-in-chief, suffers from a rare disease and is susceptible to infections, posing a life-threatening risk if reincarcerated. Consequently, Lam was sentenced to time served and released immediately from court; Chung was sentenced to 21 months in prison.
Judge Refuses to Reduce Sentence Based on Fulfilling Journalistic Duties
Judge Kwok Wai-kin rejected the defense’s plea for leniency based on the defendants fulfilling their journalistic duties, mistakenly falling into legal troubles. He stated that during the period of the offenses, the defendants were not engaged in genuine media work but were rather participating in what was termed as “resistance,” aligning with protesters against the government.
Kwok mentioned that Chung Pui-kuen operated Stand News to support and promote Hong Kong’s local autonomy, and pointed out that the law already provides guidance on what the media can and cannot publish, questioning, “Only those who intend to ‘skirt the law’ would worry about falling into legal nets unintentionally.”
He continued, stating that most of the 11 articles deemed seditious were published during a time when a majority of the Hong Kong public had the least trust in the central and special administrative governments, the police, and the judicial organs, emphasizing that the harm caused by the case was “quite severe.”