Thread by @XinqiSu

This #thread is about the first day of the trial of #StandNews and its two former chief editors Chung Pui-kuen and Patrick Lam, a case as my colleague @holmeschan_ described that "literally put press freedom on trial".

@AFP report up-picked by VOA: voanews.com/a/hong-kong-jo…

The 3 defendants, Best Pencil Ltd (#StandNews parent company) , Chung and Lam, were charged of "conspiracy to publish seditious publications", a British colonial offense the carries up to 24 months in jail.

But Chung and Lam has been in pre-trial detention for 10 months because

...sedition is now treated as a national security crime that's not in the #NSL Beijing imposed on HK in mid-2020 and hence bail is usually denied.

Both Chung and Lam have pleaded not guilty to the charge so they won't have 1/3 discount if they are convicted and facing sentence.

The prosecution's case alleged that the 3 defendants conspired between July 7, 2020 and December 29, 2021 to publish seditious articles. They rely on 17 articles and 3 videos published alongside with the articles as evidence.

However, 10 out of the 17 articles the prosecution rely on were published more then 6 months before the charge was first pressed (Dec 29, 2021) , and therefore fell out of the retrospective period provided by the sedition offense.

Defense counsel Audrey Eu SC argued that that 10 out-of-time-limit articles shall not be admissible but leading #NSL prosecutor Laura Ng said those articles are "overt acts" of the alleged conspiracy.

So what is the "conspiracy"? According to prosecutor Laura Ng, it was an agreement the defendants "might have reached" before July 7, 2020, that "When there were such hot issues, important news, that came up, we may seize upon the opportunity to publish seditious articles."

The seditious articles include news stories produced by identifiable and unidentifiable #StandNews reporters, and essays from contributors including @nathanlawkc @SunnyCheungky and award-winning journo-turned university lecturer Allan Au.

Prosecutor Laura Ng said if each of the 17 articles was prosecuted as a separate conspiracy, more could have been charged, including reporters and contributors. But now, the prosecution has decided to charge them as one single conspiracy, and charge the "core" offenders.

On June 29, 2021, #StandNews announced that it would temporarily remove all articles from contributors published before #NSL came in force for "assessment of risk". But that was also alleged as an "overt act" by the prosecutor because "they had in mind...#NSL risk".

In the prosecution's eyes, only when Stand News was raided and shuttered, arrests were made on Dec 29, 2021, did the conspiracy end, because "the platform is no more and the co-conspirators are no more".

The prosecution submitted that it's not necessary for them to prove "seditious intention in the defendants" because that intention was "attached" to the articles, so they only have to prove "the defendants' knowledge of the seditious intention in their acts and articles".

Defense counsels said the prosecutor's logic about "overt acts" escaped them because if the prosecutors were right, they could have charged everything #StandNews and even its predecessor #HouseNews published, instead of carving out an 18-month period.

Defense argued that if the prosecution was allowed to produce "overt acts" regardless of the time limit set in the offense provision, the defense could be facing a charge with an unlimited scope.

Defense said they would like to produce other articles #StandNews published in the material time of the allegation and articles on similar topics by other news outlets to assist the court. But prosecution warned that if defense does so, they would add 3 more articles to "counter"

That threat from the prosecution was protested by defense counsel Audrey Eu SC as an "ambush". But Kwok Wai-kin, an #NSL judge in the District Court, said the prosecution does not seek to add 3 article to their prosecutorial basis, and parties can argue if disputes rise.

In its constitutionality argument, defense counsel Audrey Eu urged the court to "apply such an ancient law with a view of our current times, taking into account of the Basic Law and the Bill of Rights Ordinance". She also urged the court to consider..

..."level of criticism" because "news media is the fourth power that is obliged to be a public watchdog. they are not only reporting different views but also supervising those in power. if they are criminalized once their articles are critical, it'll be the end of their business"

#NSL judge Kwok Wai-kin will rule on this preliminary issue of "time limit" as hearing resumes tmr at 9.30am in District Court. Then perhaps the prosecution will formally open their case.

The trial has earmarked 20 days, with prosecution planning to call 36 witnesses and produce 275 exhibits, mostly for proving the case against D1 because it's not present and unrepresented.

Exhibits went far beyond the material time concerned by the allegations. They dated back to 2012 when Tony Choi and Chung jointly founded #HouseNews , and also included the marriage cert of Chung and Chan Pui-man, who is also in pre-trial detention due to #AppleDaily case.