The District Court has sentenced Editor-in-Chief Chung Pui-kuen and acting Editor-in-Chief Lam Siu-tong to imprisonment for conspiracy to publish seditious materials through Stand News, concluding a nearly two-year trial.

As the U.S. and Western nations criticize Hong Kong for allegedly suppressing press freedom, it is essential to take a critical view to see whether Stand News is simply a media organization.

First, the promotion of nativism is paramount. The nativist movement aims not only to incite hostility toward the Central Authorities and the Hong Kong SAR Government but ultimately to pursue Hong Kong's independence. District Court Judge Kwok Wai-kan, referencing evidence including Stand News' inaugural edition, three editorials, and its physical publication "Lizhi," concluded that Stand's political philosophy is nativist, serving as a tool to disparage the Central and SAR Governments during the anti-amendment to the extradition law protests.

Second, there are significant ties to Jimmy Lai, owner of Apple Daily. Stand News was founded by Tsoi Tung-ho, one of the ten key figures of the Occupy Central movement, who received considerable support from Lai. While Apple Daily operates its own online media and competes with Stand News and its predecessor, The Home News, Lai has shown support for various local media, even financially assisting his rivals. Notably, Lai contracted out to Home News a section called "Financial Center" in Apple Daily's financial edition, paying hundreds of thousands of dollars monthly to aid Choi during a financial crisis. This kind of direct funding in support of a rival is difficult to explain and reflects a complicated relationship of the two media organizations.

Third, there is an alarming influx of undisclosed funding. Following police action against Stand News in 2021, the Secretary for Security froze its assets under the Hong Kong National Security Law, revealing that Stand had over $61 million in funds. Due to the organization’s lack of financial transparency, this amount might have gone unnoticed without police disclosure. An organization claiming to be non-profit yet possessing substantial assets raises questions about the true source of its funding. It remains unclear whether the $61 million was accrued through public support during protests or other undisclosed means.

Additionally, Stand News has intriguing overseas connections. Reports indicate that Evan Fowler, an overseas director of Stand News, co-founded the Hong Kong Free Press (HKFP), known for its anti-China stance, and is an associate fellow of the Henry Jackson Society, a British think tank with close ties to the U.S. and U.K. governments. Recent media coverage suggests that the U.S. and U.K. are leveraging think tanks like the Henry Jackson Society to shape public opinion against China.

Fourth, the Stand News case has not jeopardized legitimate media. The evidence presented in the Stand News case illustrates that it does not function as a typical media organization. The judgment noted that eleven articles published by Stand News incited hatred without objective basis, undermined the Justice Department's prosecution efforts, and spread falsehoods to encourage anti-government sentiment among protesters.

Judge Kwok emphasized that journalists must adhere to Article 19(3) of the International Covenant on Civil and Political Rights, which stipulates that media freedom is not absolute and does not shield one from legal responsibility. The judgment highlighted that journalists bear "special responsibilities and duties," including safeguarding national security, public order, and public health. Citing the European Convention on Human Rights, it reiterated that journalists must operate in good faith, based on accurate facts, to warrant protection under freedom of expression. The European Parliament's Code of Conduct for Journalists also stresses the importance of factual verification and impartiality.

In summary, legitimate media organizations conducting normal interviews and commentary—even critical of the government—would not face sedition charges. It is reasonable to conclude that typical news organizations do not embrace nativism as a core principle, possess vast financial resources, or publish a multitude of incendiary articles in a politically charged atmosphere, as noted by Judge Kwok.

In conclusion, Stand News was not operating as a normal media outlet.

Wing-hung Lo




Bastille Commentary

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