Stand News editor had no intention of harming national security, court hears

Patrick Lam Shiu-tung, former editor of Stand News, maintains he had no intent to endanger national security when he published articles during his tenure, his lawyer maintains as he appeals his sedition conviction. The High Court judges emphasized that the original trial judge had deemed the editor's decision to publish articles containing false information, sourced from interviewees about the 2019 anti-government protests, had the potential to incite hatred towards authorities and was among the grounds for Lam's earlier conviction.

In August 2024, Lam was found guilty of conspiracy in publishing and reproducing seditious material alongside former editor-in-chief Chung Pui-kuen and Stand News' holding company, Best Pencil (Hong Kong). The article in question featured the viewpoints of two alumni from the Chinese University of Hong Kong who expressed deep distress over the 2019 campus standoff and blamed law enforcement.

Stand News published 11 such articles between July 2020 and December 2021, according to the court. Defense attorney David Ma Wai-kwan contended before the Court of Appeal that the trial judge had mishandled the issue of "seditious intent" when Lam published the article reflecting the students' sentiments. Ma argued that Lam was merely carrying out his duties as a media professional and that the judge had failed to grant weight to the possibility that Lam's actions were driven by a "criminal mind."

The situation was further complicated by the fact that the interviewees had given information that was not entirely truthful and carried a seditious effect. Chief Judge of the High Court Jeremy Poon Shiu-chor noted that under the colonial-era law applied, sedition was considered an "inchoate offence," aimed at preventing harmful acts before they cause societal damage.

Poon also questioned why Lam did not cease the dissemination of the article once the police issued a statement countering the alleged seditious content. Derek Lau Tak-wai, senior assistant director of public prosecutions, pointed out that while freedom of the press is enjoyed by the public, it is not absolute and remains subject to the law.

"Stand News crossed the line by publishing material that was known to be seditious," he stated. In 2021, Lam and Chung became the first media professionals to be charged under the colonial-era sedition law since Hong Kong's return to Chinese sovereignty in 1997. Lam avoided serving the remainder of his 21-day sentence, as the judge considered his need for treatment of a rare disease. Lam's appeal is expected to be decided within six months.