Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Sunday, Apr 02, 2023

Lawyer asks Hong Kong court to end sedition trial of 2 ex-chiefs of news website

Lawyer asks Hong Kong court to end sedition trial of 2 ex-chiefs of news website

Defence team says prosecution broke court rules by failure to disclose six boxes of evidence.

One of two former editors of the now-closed Stand News website secured bail on Monday after the pair requested a permanent stay of proceedings in their trial for sedition on the grounds of a violation of Hong Kong’s prosecution rules.

Former acting editor-in-chief Patrick Lam Shiu-tung, 35, was granted bail at the District Court on Monday after a lawyer for he and his predecessor, 53-year-old former editor-in-chief Chung Pui-kuen, applied for the trial to be terminated.

Senior counsel Audrey Eu Yuet-mee, for the defence, said on Monday prosecutors had failed to disclose six boxes of unused documentary evidence amounting to more than 1,500 pages until their existence was revealed during the cross-examination of a police witness last week.

“Not only did the prosecution contravene the prosecution code, which requires the submission of all of its evidence to us, it also went against the court’s direction in the pretrial stage … This situation is not of our own making,” Eu said.


Former Stand News acting editor-in-chief Patrick Lam leaves Wan Chai Court after he was granted bail.

District Judge Kwok Wai-kin, one of the few jurists hand-picked by the city’s leader to oversee national security cases, said the defence should be given sufficient time to prepare submissions in light of “a change of circumstances”.

“The present case should be dealt with expeditiously. I agree that if the defendant remained in custody, and the defence needed to take instructions from behind bars, the defence’s application would be hindered,” Kwok said.

“I am satisfied that the defendant will not continue to endanger national security, while [the bail conditions] can make sure that he returns to court.”

Lam had spent 11 months in custody before Monday’s bid for bail. Chung did not apply for bail. The two were remanded in custody last December on the grounds that they posed a national security threat.

The pair were charged with conspiracy to publish and reproduce seditious publications between July 2020 and December last year. They face up to two years imprisonment if convicted.

The court also recorded a not guilty plea from Best Pencil HK Ltd, Stand News’ holding company, which is not represented in the proceedings.

Prosecutors in their opening statement last week accused the online news platform of backing “criminal” political ideologies with the publication of 17 allegedly seditious articles said to have attacked Beijing, the city administration and the national security law.

The articles were among a total of 30 reports examined by the police’s national security department in preparation for the case, the prosecution said.

But an investigator testified last Friday that police had made screen captures of more than 300 Stand News stories in June 2021 after they were given information the site would remove some of its articles in the wake of the high-profile arrests of five senior executives at the Apple Daily newspaper, also now closed.

The evidence caught the court by surprise and prosecutor Laura Ng Shuk-kuen admitted she had only realised the existence of the 300 backups during the trial.

Eu complained the prosecution had failed to discharge their “very basic” duties by giving the defence all the relevant material, including unused evidence.

She also questioned the police criteria for singling out the 17 articles, but turning a blind eye to the majority of “fair” reports.

But Ng insisted the additional evidence was unlikely to assist the defence, and that the defendants were unlikely to secure a permanent stay of proceedings.

Kwok bailed Lam pending the application to call off the trial, despite objections by the prosecution.

In applying for bail, Eu revealed Lam had had a serious medical condition which largely weakened his immune system.

The court heard the former editor, who also suffers from thalassemia, had undergone multiple surgeries since early 2020 and taken more than 60 days’ sick leave from the Stand News office. He was also deemed unfit to receive Covid-19 vaccinations due to his ill health.

Lam was released on a HK$50,000 (US$6,370) cash bond, with another HK$50,000 to be handed over by his wife as surety.

He was also ordered to surrender his passport, barred from leaving the city and told to report to police once a week.

Lam was told not to change his home address or give media interviews.

The judge also warned Lam against doing anything that could reasonably be seen as constituting a national security offence, or organising or taking part in activities “resisting the central authorities”.

The court will hear arguments on the application to stay the proceedings on December 13.

The trial will resume on December 19 if the application is unsuccessful.
Newsletter

Related Articles

Hong Kong News
Close
0:00
0:00
The G-7 aims to make global crypto regulations tougher
Don’t Dismiss China’s Peacemaking Bid
Austrian Parliament members walk out when Volodymyr Zelensky begins speaking.
Father obliterates council members following viral TikTok of biological male masturbating in women’s bathroom..
Tsai Ing-wen received a "warm welcome" from the Chinese people in the US.
EU's von der Leyen: "We know this is an era where we rely on one single supplier. China. 98% of our rare earth supply."
China and Brazil have signed a new deal that will allow them to trade in their own currencies, bypassing the US dollar as an intermediary
Elon Musk and Others Call for Pause on A.I., Citing ‘Profound Risks to Society’
“We've had evidence prior to the pandemic that masks were largely ineffective at preventing community transmission of influenza “
Former Starbucks CEO Howard Schultz:
Former Starbucks CEO Howard Schultz rejects being labeled a "billionaire"
Jamie Dimon is being deposed over JPMorgan Chase role in Epstein lawsuits
Brand new security footage has just been released to the public showing the Active shooter Audrey Elizabeth Hale drove to Covenant Church School in her Honda Fit this morning, parked, and shot her way into the building
Social Media censoring users for saying the true
Smart Iranian fashion designer teaching dummy TV anchors lesson about reality
AMERICA, 2023
U.S. charges FTX's Bankman-Fried with paying $40 million bribe
Fallen 'Crypto King' Who Owes Millions to Investors Was Kidnapped and Tortured
Regulators blame social media for SVB's rapid collapse: 'Complete game changer'
AOC explains why she opposes banning TikTok
Singapore’s Prime Minister says China and US need to stabilize relations because world can't afford a confict between the two superpowers
In a dramatic U-turn against His Government: Judicial Reform Legislation Must Be Halted, Says Israeli Defense Minister Yoav Gallant
Gordon Moore, a co-founder of Intel Corporation, died at 94
Powell: Silicon Valley Bank was an 'outlier'
Bordeaux town hall set on fire in France pro democracy protest
Police violence in Paris
Paris: Some of the police are stepping down and showing solidarity with the protesters.
Donald Trump arrested – Twitter goes wild with doctored pictures
NYPD is setting up barricades outside Manhattan Criminal Court ahead of Trump arrest.
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Goldman Sachs cuts outlook for European bank debt over Credit Suisse crisis
Paris Rioting vs Macron anti democratic law
'Sexual Fantasy' Assignment At US School Outrages Parents
The US government has charged Chinese businessman Guo Wengui with leading a $1 billion fraud scheme that cheated thousands of followers out of their money.
Credit Suisse to borrow $54 billion from Swiss central bank
The BBC problem about China
Russian Hackers Preparing New Cyber Assault Against Ukraine
"Will Fly Wherever International Law Allows": US Warns Russia After Drone Incident
If this was in Tehran, Moscow or Hong Kong
Announcing GPT-4
TRUMP: "Standing before you today, I am the only candidate who can make this promise: I will prevent World War III."
China is calling out the US, UK, and Australia on their submarine pact, claiming they are going further down a dangerous road
A brief banking situation report
We are witnessing widespread bank fails and the president just gave a 5 min speech then walked off camera.
Donald Trump's asked by Tucker Carlson question on if the U.S. should support regime change in Russia?.
'No relation to the American SVB': India's SVC Bank acts to calm depositors amid brand name confusion.
Good news: The U.S. government is now guaranteeing all deposits, held by, Silicon Valley Bank, and the funds are available as of today
Silicon Valley Bank exec was Lehman Brothers CFO
In a potential last-ditch effort, HSBC is considering a rescue deal to save Silicon Valley Bank UK from insolvency
Saudi Arabia has announced a major breakthrough in diplomacy with Iran after two years of intense talks
×