Stand News sedition trial: Closing arguments adjourned for a week after Hong Kong prosecutor gets Covid-19

Closing arguments for the sedition trial against two former editors of now-defunct news outlet Stand News have been adjourned for a week after the lead prosecutor tested positive for Covid-19.

Stand News Chung Pui Kuen Patrick Lam — Chung Pui Kuen (left) and Patrick Lam (right) on June 19, 2023. Photo: Lea Mok/HKFP.

Chung Pui-kuen, Stand News’ former chief editor, Patrick Lam, the outlet’s former acting chief editor, and Stand News parent company all stand accused of conspiring to publish “seditious” publications.

The trial, which began last October and was originally set to last for 20 days, was expecting to hear closing arguments from June 19 to 21. However, the prosecution applied for an adjournment on Monday.

The court heard from prosecutor Jennifer Tsui that lead prosecutor Laura Ng was not feeling well last Saturday and tested positive for Covid-19 the following day.

Tsui, who is Ng’s deputy, submitted a doctor’s note for Ng, which covered three days of sick leave, to the court. The prosecution applied for 14 days of adjournment.

Ng had a sore throat, phlegm and other body aches, according to Tsui. “The symptoms are not mild,” Tsui said, adding that handling the case required physical effort and Ng wanted to present the closing arguments without having to wear a mask.

“Fourteen days is the fastest time,” she said.

Tsui added that the case was “not easy” and involved constitutional controversies so it was difficult to find another lawyer to replace Ng.

Defence counsel Audrey Eu said “the impact would be huge” if there was a two-week adjournment.

“The case started last October. I would never have dreamt that the court would be hearing closing arguments after half a year,” Eu said.

She said Patrick Lam, one of the defendants, had received an offer from a “famous” overseas university and was supposed to commence studies in September. However, he was unable to accept the offer at the moment. “There is great uncertainty,” Eu said.

She added that Chung Pui-kuen, another defendant also could not make any new plans due to the case.

Lead prosecutor in Stand News’ sedition case Laura Ng (second left). File Photo: Peter Lee/HKFP.

Eu said that her deputies would also have to leave Hong Kong, adding that one had a flight booked on June 28. Therefore, it would be difficult to present the closing arguments in July.

Judge Kwok Wai-kin said:” The doctor’s note covered three days of sick leave, but does it mean Ng can recover in three days?”

Kwok adjourned the case for a week and set the closing arguments for June 26 to 28. He said if Ng was still not able to present her closing arguments, Tsui may have to do it instead.

“If the general is not here, the adjutant must step up,” Kwok said.

‘Seditious publications’

The non-profit digital news outlet Stand News ceased operations and deleted its website in December 2021 after its newsroom was raided by over 200 national security police officers. Seven people connected to the independent outlet were arrested on suspicion of conspiring to “publish seditious publications.” However, only ex-chief editor Chung, acting chief editor Lam and parent company Best Pencil (Hong Kong) Limited were charged.

Advocacy groups, the UN, and western countries criticised the arrests as a sign of declining media freedoms, while then-security chief John Lee condemned “bad apples” who “polluted” press freedom following the raids.

Stand News acting editor-in-chief Patrick Lam was arrested by national security police on Wednesday. File Photo: Candice Chau/HKFP.

The trial began in October 2022 with the court considering 17 allegedly seditious articles, including interviews, profiles, hard news reporting and opinion pieces. Sedition carries a maximum penalty of two years behind bars.

The anti-sedition legislation, which was last amended in the 1970s when Hong Kong was still under British colonial rule, falls under the city’s Crimes Ordinance. It is separate from the Beijing-imposed national security law, and outlaws incitement to violence, disaffection and other offences against the authorities.