A Hong Kong court convicts 2 journalists in a landmark sedition case

HONG KONG (AP) — A Hong Kong court on Thursday convicted two former editors of a shuttered news outlet in a sedition case widely seen as a barometer for the future of media freedoms in a city once hailed as a bastion of free press in Asia.

The trial of Stand News former editor-in-chief Chung Pui-kuen and former acting editor-in-chief Patrick Lam was Hong Kong’s first involving the media since the former British colony returned to Chinese rule in 1997.

Stand News, which closed in December 2021, had been one of the city’s last media outlets that openly criticized the government as it waged a crackdown on dissent following massive pro-democracy protests in 2019.

It was shut down just months after the pro-democracy Apple Daily newspaper, whose jailed founder Jimmy Lai is fighting collusion charges under a sweeping national security law enacted in 2020.

Chung and Lam had pleaded not guilty to conspiracy to publish and reproduce seditious publications — charges that were brought under a colonial-era sedition law used increasingly to crush dissidents. They face up to two years in prison and a fine of 5,000 Hong Kong dollars (about $640) for a first offense.

Best Pencil (Hong Kong) Ltd., the outlet’s holding company, was convicted on the same charge. It had no representatives during the trial, which began in October 2022.

Judge Kwok Wai-kin said in his written judgment that Stand News became a tool for smearing the Beijing and Hong Kong governments during the 2019 protests.

He said a conviction is deemed proportional “when speech, in the relevant context, is deemed to have caused potential damage to national security and intends to seriously undermine the authority of the Chinese central government or the Hong Kong government, and that it must be stopped.”

The case was centered on 17 articles Stand News had published. Prosecutors said some promoted “illegal ideologies,” or smeared the security law and law enforcement officers. Judge Kwok ruled that 11 carried seditious intent, including commentaries written by activist Nathan Law and esteemed journalists Allan Au and Chan Pui-man. Chan is also Chung’s wife.

The judge found that the other six did not carry seditious intent, including in interviews with pro-democracy ex-lawmakers Law and Ted Hui, who are among overseas-based activists targeted by Hong Kong police bounties.

Chung appeared calm after the verdict while Lam did not appear in court due to health reasons. They were given bail pending sentencing on Sept. 26.

Defense lawyer Audrey Eu read out a mitigation statement from Lam, who said Stand News reporters sought to run a news outlet with fully independent editorial standards. “The only way for journalists to defend press freedom is reporting,” Eu quoted Lam as saying.

Eu did not read out Chung's mitigation letter in court. But local media outlets quoted his letter, in which he wrote that many Hong Kongers who are not journalists have held to their beliefs, and some have lost their own freedom because they care about everyone’s freedom in the community.

“Accurately recording and reporting their stories and thoughts is an inescapable responsibility of journalists,” he wrote in that letter.

After the verdict, former Stand News journalist Ronson Chan said nobody had told reporters that they might be arrested if they did any interviews or write anything.

The delivery of the verdict was delayed several times for various reasons, including awaiting the appeal outcome of another landmark sedition case. Dozens of residents and reporters lined up to secure a seat for the hearing.

Resident Kevin Ng, who was among the first in the line, said he used to be a reader of Stand News and has been following the trial. Ng, 28, said he read less news after its shutdown, feeling the city has lost some critical voices.

“They reported the truth, they defended press freedom," Ng, who works in risk management industry, said of the editors.

Stand News shut down following a police raid at its office and the arrests of its leaders. Armed with a warrant to seize relevant journalistic materials, more than 200 officers participated in the operation.

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

Hong Kong was ranked 135 out of 180 territories in Reporters Without Borders’ latest World Press Freedom Index, down from 80 in 2021. Self-censorship has also become more prominent during the political crackdown on dissent. In March, the city government enacted another new security law that raised concerns it could further curtail press freedom.

Francis Lee, journalism and communication professor at the Chinese University of Hong Kong, said the ruling on which articles were seditious appears to be drawing lines. Whenever an article is about a one-sided political stance, highly critical or viewed as lacking factual basis, then that could be considered as smearing, Lee said.

Some of the court's logic differs from how journalists typically think, he said. Journalists "may have to be more cautious from now on.”

Eric Lai, a research fellow at Georgetown Center for Asian Law, said the ruling is in line with “the anti-free-speech trend” of rulings since the 2020 security law took effect, criminalizing journalists carrying out their professional duties.

Foreign governments criticized the convictions. U.S. State Department spokesperson Matthew Miller wrote on X that it was a “direct attack on media freedom."

However, Eric Chan, Hong Kong's Chief Secretary for Administration, insisted that when journalists conduct their reporting based on facts, there would not be any restrictions on such freedom.

Steve Li, chief superintendent of the police national security department, told reporters the ruling showed their enforcement three years ago — criticized by some as a suppression of free press — was necessary.

Chung Pui-kuen, the former chief editor of Hong Kong's now-shuttered outlet Stand News, walks outside on bail after he was found guilty in a landmark sedition trial under a colonial-era law, in Wanchai District Court in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Chung Pui-kuen, the former chief editor of Hong Kong's now-shuttered outlet Stand News, walks outside on bail after he was found guilty in a landmark sedition trial under a colonial-era law, in Wanchai District Court in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Chung Pui-kuen, the former chief editor of Hong Kong's now-shuttered outlet Stand News, walks outside on bail after he was found guilty in a landmark sedition trial under a colonial-era law, in Wanchai District Court in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Chung Pui-kuen, the former chief editor of Hong Kong's now shuttered pro-democracy news outlet Stand News, arrivies at the Wanchai District Court ahead of a verdict in a landmark sedition trial in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Chung Pui-kuen, the former chief editor of Hong Kong's now shuttered pro-democracy news outlet Stand News, arrivies at the Wanchai District Court ahead of a verdict in a landmark sedition trial in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Pro-democracy activist Bull Tsang Kin-shing arrives at the district court ahead of the verdict on Chung Pui-kuen, the ex-chief editor of the now shuttered Stand News online outlet and his colleague Patrick Lam, former acting chief editor, in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Chung Pui-kuen, the former chief editor of Hong Kong's now shuttered pro-democracy news outlet Stand News, arrivies at the Wanchai District Court ahead of a verdict in a landmark sedition trial in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Member of the media wait outside the district court ahead of the verdict on Chung Pui-kuen, the ex-chief editor of the now shuttered Stand News online outlet and his colleague Patrick Lam, former acting chief editor, in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

Foreign diplomats arrive at the district court ahead of the verdict on Chung Pui-kuen, the ex-chief editor of the now shuttered Stand News online outlet and his colleague Patrick Lam, former acting chief editor, in Hong Kong on Thursday, Aug. 29, 2024. (AP Photo/Billy H.C. Kwok)

FILE - Protesters from Hong Kong in Taiwan and local supporters hold slogans reading "Protest Against Totalitarian Liquidation of Stand News" and " Support Press Freedom in Hong Kong" to protest outside of the Bank of China in Taipei, Taiwan, Dec. 30, 2021. (AP Photo/Chiang Ying-ying, File)

FILE - A worker carrying some containers walks past police officers during a raid on the office of Stand News during a raid in Hong Kong, Dec. 29, 2021. (AP Photo/Vincent Yu, File)

FILE - Former chief editor Chung Pui-kuen, right, and former acting editor Patrick Lam, left, of the now-defunct independent media outlet Stand News leave the court on the last day of the publication's sedition trial closing statements in Hong Kong, June 28, 2023. (AP Photo/Louise Delmotte, File)

FILE - Chung Pui-kuen, second left, former chief editor and Patrick Lam, left, former acting editor of the now-defunct independent media outlet Stand News leave the court on the last day of the publication's sedition trial closing statements, in Hong Kong, Wednesday, June 28, 2023. (AP Photo/Louise Delmotte, File)

CLEVELAND (AP) — Myles Garrett plans to make Trevor Lawrence uncomfortable for a few hours.

Garrett returned to practice on a limited basis after resting a foot injury for one day, and the defensive end said Friday he'll play in Cleveland's game at Jacksonville on Sunday.

The NFL's Defensive Player of the Year in 2023, Garrett sat out Thursday's workout as the Browns (0-1) prepared to face Lawrence and the Jaguars (0-1). Garrett had one sack and forced a fumble last weekend in a season-opening loss to Dallas.

Garrett, who has 47 sacks in the last three-plus seasons, didn't disclose any specifics about his injury.

“I wouldn’t say there’s something to worry about, just something for us to manage and, at least for myself, be conscious of and be just a little cautious,” Garrett said after practice.

Garrett was vague when asked if the injury will affect his play.

“We'll see,” he said.

He also declined to reveal when he got hurt.

“Something I was kind of dealing with during the game,” he said. "But the problem didn’t occur during the game.”

Cleveland's defense can't afford to be without Garrett after placing five players on injured reserve this week. Starting safety Juan Thornhill and defensive tackle Maurice Hurst II are among the group that will have to miss a minimum of four games.

End Za'Darius Smith, who plays on the opposite side of Garrett, also was back practicing after missing Thursday's workout with a back issue.

Garrett believes the defense will bounce back this week after a so-so performance in the opener.

Of course, Garrett can set the tone by getting after Lawrence, Jacksonville's rifled-armed quarterback.

Garrett had high praise for Lawrence, complimenting his poise and ability to handle pressure in the pocket. Lawrence has confidence and Garrett said there is only one way to combat that in a QB.

“Hit him,” he said. “Multiple times.”

While the defense plays at less than full strength, Cleveland's offense will be missing tight end David Njoku, who sprained his ankle in the opener and could miss several weeks. Njoku led the Browns in catches and receiving TDs last season.

The Browns also ruled out left tackle Jedrick Wills Jr., who continues to recover from offseason knee surgery. Two-time All-Pro right tackle Jack Conklin is listed as questionable after missing the opener.

Conklin had reconstructive knee surgery last year after tearing numerous ligaments in Week 1.

James Hudson III started on the left side, but the Browns toyed with moving Conklin into that spot and could consider it again this week.

Coach Kevin Stefanski would not reveal the plans for his starters.

"We’ll use the next 24 hours, 48 hours, see how everybody comes out of practice today before we make that determination,” Stefanski said.

AP NFL: http://www.apnews.com/hub/NFL

Cleveland Browns defensive end Myles Garrett responds to questions after the team's NFL football game against the Dallas Cowboys in Cleveland, Sunday, Sept. 8, 2024. (AP Photo/Sue Ogrocki)