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October 23, 2024

The Witness: Stand News Case | Patrick Lam convicted of sedition, files appeal against conviction

In the case involving Stand News being charged with “conspiracy to publish seditious publications,” former editor-in-chief Chung Pui-kuen was sentenced to 21 months in prison this September. The acting editor-in-chief, Patrick Lam, due to health conditions, received a sentence that, with time already served in custody deducted, allowed for his immediate release and he was freed in court. Judge Kwok Wai-kin stated that he did not accept the notion that the two were engaged in legitimate journalistic activities at the time of the incident, indicating their involvement in protests.

Patrick Lam, not satisfied with the conviction, filed an appeal on Tuesday (22nd). According to the judiciary’s website, a hearing date has not yet been set, and “The Witness” is currently confirming with the Department of Justice.

On September 26, 2024, Judge Kwok Wai-kin ruled that acting editor-in-chief Patrick Lam, who suffers from a rare disease and is susceptible to infections, would be at risk of life-threatening conditions if reincarcerated. He was thus sentenced to be released immediately; Chung was sentenced to 21 months in prison.

The court refuses to reduce sentence for performing journalistic duties

During the defense’s plea for leniency, they hoped the court would consider the defendant’s role as a journalist and the inadvertent violation of the law, suggesting a reduced sentence. Kwok Wai-kin rejected this, stating that the defendant was not engaged in genuine media work during the period in question, but “was participating in what was then called a protest,” aligning with the protesters against the government.

Kwok Wai-kin noted that Chung Pui-kuen operated Stand News to support and promote Hong Kong’s local autonomy, and mentioned that the law already provides guidelines on what the media may or may not publish, questioning why only those who intend to “skirt the edges” would fear inadvertently falling afoul of the law.

He continued, pointing out that most of the 11 articles deemed seditious were published “during a time when over half of Hong Kong society had the least trust in the central and special administrative governments, the police force, and the judiciary,” emphasizing that the harm caused by this case was “quite severe.”

The Witness

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