Stand News Trial: Former Acting Editor-in-Chief Granted Bail After Over 10 Months in Jail

He is accused of publishing seditious materials under National Security Law

Lam Siu-tung has been arrested and remanded in prison for over 10 months since his arrest on Dec. 29, 2021. Lam left the district court at 6 p.m. on Nov. 7, 2022, after the designated judge granted Lam's bail. Sung Pi-lung /The Epoch Times

In the early morning of Dec. 29, 2021, Hong Kong National Security Bureau dispatched hundreds of police officers to search the Stand News Office. During their search, the police officers seized many news materials and froze the newspaper assets worth over $7.64 million (HK $60 million) Stand News ceased its operation the same afternoon after the police arrested six former management Executives.

The now-dissolved newspaper agency had been charged with conspiring to publish seditious materials, an offense under the Crimes Ordinance.

However, once the national security law came into effect, former Secretary for Justice Theresa Cheng Yeuk-wah claimed that endangering national security is not limited to the four types of crimes listed in the National Security Law.

Cheng claimed the law also includes publishing seditious materials. Therefore, Cheng said the provisions of National Security Law based on bail, investigation authorities, and designated judges are applicable.

Revival of Colonial-era Law

The former colonial government made publishing seditious materials a crime to prosecute leftist newspapers during The 1967 Hong Kong Riots, launched by the Chinese Communist Party. But the law was cast aside and forgotten for decades until the national security law took effect in 2020.

After the anti-extradition movement in 2019, the Hong Kong government used the dated sedition law to charge former Apple Daily CEO Jimmy Leung Chi-ying and six former Apple Daily executives, five speech therapists from the now-disbanded General Union of Hong Kong Speech Therapists in the case of Sheep Village Series Picture Books, and Tony Chung Hon-lam.

The former Stand News is accused of having published 17 seditious articles. Its former registered company, editor-in-chief Chung Pui-koon and former acting editor-in-chief Lam Siu-tung were charged with one count of conspiracy to print or copy seditious materials.

The trial resumed on the afternoon of Nov. 7,  and the National Security Law designated judge, Kwok Wai-kin, granted Lam’s bail request.

Stroll in the Free Air

Lam has been remanded in prison for over 10 months since Dec. 29, 2021. Lam finally walked out of the district court at about 6 p.m. on Nov. 7. Although he remained quiet, Lam strolled, allowing reporters to take photos of him.

Lam Siu-tung looked well as he left the court on Nov. 7, 2022. Sung Pi-lung/The Epoch Times

Other than reporters, many of Lam’s supporters and former colleagues were waiting. They cheered as they saw Lam walking out. Lam waved and thanked the supporters’ presence.

Bail Conditions

Lam’s bail conditions include $6,370 (HK$50,000) and a personal guarantee of $6,370 (HK$50,000) from Lam’s wife. Lam also has to hand over his Hong Kong and BNOS passports and is banned from departing Hong Kong. Lam must reside at the reported address and report to the police station once a week. Lam must notify the police 24 hours before any relocation.

Additionally, Lam is prohibited from being interviewed by the press, publishing, sharing, or engaging in opinions, remarks, or speeches that might be considered endangerment to national security, both online and offline.

Lam's supporters and many reporters arrived to wait for Lam's bail release on Nov. 7, 2022. Sung Pi-lung/ The Epoch Times

Lam is also banned from participating, organizing, and coordinating activities against the Beijing or Hong Kong government.

Senior media professional and founder of the now-closed Hong Kong Citizen News (HKC News), Kevin Lau Chun-Lo, commented on the outdated colonial law of seditious intention in his column in Ming Pao newspaper in January 2022. “The threshold for the prosecution of the crime is shallow. It is also not required to prove someone has committed sedition to be found guilty.”

Lau pointed out the Hong Kong government had used the outdated law as political censorship. The law had cost media closures of Stand News and HKC News. “Any report or comment critical of the government may break the law of inciting the public to hate the government. Freedom of press and expression is at risk.”

Lam, at long last, was reunited with his wife. Benson Lam/The Epoch Times

Lau also warned the public that even though someone has not disturbed the peace or public order, as long as the regime believes that a comment, statement, or publication may cause the public to hate the government, they can be prosecuted under the sedition law.

The Colonial Seditious Law

Based on the official Hong Kong legislation record, Seditious Intentions stated in Section 9 (2) of the Crimes Ordinance, which was last amended by Article 2 of No.28 in 1938, by her late Majesty, an act, speech, or publication that is not seditious by reason only that it intends:

• to show that Her Majesty has been misled or mistaken in any of Her measures; or
• to point out errors or defects in the government or constitution of Hong Kong as by law established or in legislation or the administration of justice with a view to the remedying of such errors or defects; or
• to persuade Her Majesty’s subjects or inhabitants of Hong Kong to attempt to procure by lawful means the alteration of any matter in Hong Kong as by law established, or
• to point out, with a view to their removal, any concerns producing or tend to evoke feelings of ill-will and hostility between different classes of the population of Hong Kong.

Lau further elaborated on the actions taken against Apple Daily and Stand News, proving that as soon as media operations are on the watch list of the authorities, there is no escape.

Lam’s Charges

Defendant Lam Siu-tung, along with Best Pencil Limited and former editor-in-chief Chung Pui-kuen has been charged with one count of conspiring to publish and or produce seditious publications with the following intent:

• To arouse hate or contempt for the CCP or Hong Kong government.
• To provoke changes in other lawfully enacted matters in Hong Kong.
• To arouse hatred and contempt or start a rebellion against justice in Hong Kong.
• To arouse discontent and rebellion among Hong Kong residents.
• To incite others to use violence.
• To prompt others to disobey the law or lawful orders.

Prosecutor’s Argument

The prosecution’s opening statement pointed out that Stand News was an online media and a political platform, sought after by the “like-minded” public. The prosecutor claimed the 17 articles in question were ‘arranged with care’ by the newspaper to coordinate social events which were anti-government and vindication for criminals.

Based on court records, of the thousands of released articles, the 17 news articles in question, including interviews, guest blogs, and news reports, were written by political figures and activists.

The writers include candidates of the democratic primaries election in 2020, such as Gwenyth Ho, Owen Chow, and Fergus Leung; guest bloggers who shared their opinions on National Security Law, such as exiles Nathan Law and Ted Hui. Other liberal activists, including Baggio Leung, Sunny Leung, and journalist Allan Au also published their commentaries on the media platform.

Case number: DCCC265/2022

Reference: https://www.elegislation.gov.hk/hk/cap200!zh-Hant-HK?pmc=1&m=1&pm=0