In a landmark sedition case, Chung Pui-kuen and Patrick Lam, editors at the now-defunct Stand News media outlet, were sentenced to prison after being found guilty last month by a Hong Kong court. This case has exacerbated the concerns regarding press freedom and civil liberties in Hong Kong under the Chinese rule.

The trial, which began in October 2022, was initially expected to last just 20 days but extended over several months. District court judge Kwok Wai-kin found that 11 articles published by Stand News were seditious, declaring the outlet a “danger to national security.” The articles in question covered the crackdown on civil liberties in Hong Kong, a topic that has been highly sensitive since the imposition of the National Security Law (NSL) in 2020.

Chung and Lam were charged under a colonial-era sedition law, which had been rarely used until recently. This law, distinct from the controversial NSL, was used to prosecute the journalists. Chung received a 21-month prison sentence, while Lam was sentenced to 11 months but was released on medical grounds. Additionally, the publisher behind Stand News, Best Pencil, was fined HK$5,000 (US$643; GB£480).

Hong Kong’s Press Freedom Under Threat

This case marks the first sedition conviction of journalists in Hong Kong since the territory’s handover from the UK to China in 1997. The sentencing has been condemned by rights groups, including Reporters Without Borders (RSF).

“Chung Pui-kuen and Patrick Lam were serving the public’s interest by covering social and political issues in Hong Kong and should never have been detained, let alone sentenced to prison. We urge the international community to intensify its pressure on the Chinese regime to secure Chung’s release, alongside the 10 other journalists and press freedom defenders detained in the territory.”

Cédric Alviani, RSF’s Asia-Pacific Bureau Director

Hong Kong also faced a dramatic dip on the World Press Freedom Index due to the controversial NSL and the revival of the colonial-era sedition laws. In 2022, Hong Kong dropped to 148th place on the World Press Freedom Index, a significant fall of nearly 70 places from the previous year. By 2024, the city ranks 135th out of 180 countries and territories. Although this is a slight improvement from 2023, it was primarily due to changes in other countries’ situations rather than any real improvement in Hong Kong’s press freedom environment. In fact, Hong Kong’s press freedom score actually fell by 1.8 points.

The Controversial National Security Law (NSL) and the “Hong Kong 47”:

Since the National Security Law’s (NSL) implementation, Hong Kong authorities have arrested about 260 people, with 79 charged. The law has led to the shutdown of numerous pro-democracy news outlets, including Apple Daily, known for its critical stance towards China’s leadership.

Another significant crackdown on Hong Kong’s autonomy was the arrest of 47 individuals accused by Hong Kong officials of attempting to “overthrow” the government by running unofficial primaries to select opposition candidates for local elections. Dubbed the “Hong Kong 47”, they are a group of 47 pro-democracy activists and politicians in Hong Kong who were charged with conspiracy to commit subversion under the National Security Law (NSL).

The charges stemmed from the activists’ involvement in organizing and participating in unofficial primary elections in July 2020. These primaries were intended to select the strongest pro-democracy candidates for the Legislative Council elections. The authorities accused the 47 individuals of plotting to overthrow the government by securing a majority in the legislature and using that power to paralyze government operations and force the resignation of the Chief Executive.

In May 2024, a Hong Kong court found 14 of the activists guilty of subversion, while two were acquitted. The remaining activists are still awaiting their verdicts.

Critics argue that the NSL and the prosecution of the Hong Kong 47 are part of a broader effort to stifle dissent and erode the “one country, two systems” framework that was supposed to guarantee Hong Kong a high degree of autonomy until 2047. The international community has widely condemned the arrests and charges against the Hong Kong 47. Human rights organizations and foreign governments have called for their release and criticized the NSL as a tool for political repression. The case also sparked protests and demonstrations both within Hong Kong and globally.

National Security Law Provisions

The National Security Law, enacted in 2020, includes several notable provisions:

1. Hong Kong can send some cases to be tried in mainland China.
2. Hong Kong must establish its own national security commission with a Beijing-appointed adviser.
3. Beijing has the power to interpret the law, overriding Hong Kong’s judicial or policy bodies.
4. Some trials will be conducted behind closed doors.
5. Suspects can be wire-tapped and put under surveillance.
6. Management of foreign non-governmental organizations and news agencies will be strengthened.
7. Damaging public transport facilities can be considered terrorism.
8. Those found guilty under the NSL cannot stand for public office.
9. Companies can be fined if convicted under the law.
10. The law applies to non-permanent residents and people from outside Hong Kong.

Concerns on Hong Kong’s autonomy

The Handover of Hong Kong from the United Kingdom to China on July 1, 1997, was a significant event. After 156 years of colonial rule, the Sino-British Joint Declaration of 1984 established the principle of “one country, two systems,” allowing Hong Kong to maintain its autonomous economic and governing systems for 50 years post-handover. However, the enactment of the NSL in 2020 has exacerbated the concerns expressed at the time of the handover regarding Hong Kong’s autonomy and freedoms.

The June 30, 2020, rollout of the NSL accelerated the rollback of freedoms promised to Hong Kong. This process was highlighted by the shutdown of Apple Daily, the city’s last pro-democracy newspaper. The authorities first targeted Apple Daily’s founder, Jimmy Lai, who is currently serving a 20-month sentence and facing additional charges. The newspaper’s headquarters were raided, journalists and executives arrested, and assets frozen, leading to its closure.

The conviction of Chung Pui-kuen and Patrick Lam underscores the growing challenges to press freedom in Hong Kong. The use of colonial-era sedition laws and the NSL to silence dissent has drawn international condemnation. As Hong Kong navigates its future under Chinese rule, the fate of its journalists and the preservation of its civil liberties remain critical issues for the global community to monitor and address.