Justice upheld in District Court's sentencing in a case of "conspiracy to publish seditious publication"
Following the conviction of three defendants on August 29 in a case of "conspiracy to publish and/or reproduce seditious publication", the District Court handed down its sentence today (September 26).
The Hong Kong Special Administrative Region (HKSAR) Government spokesman said: "The court has held earlier that Chung Pui-kuen and Lam Shiu-tung, while holding chief editorial positions at Stand News, had knowledge and approved of the seditious intent of the articles, providing Stand News as a publishing platform for inciting hatred against the Central Authorities and the HKSAR Government, as well as hatred against the administration of justice."
The spokesman said, "The reasons for verdict by the Court have pointed out clearly that the ideology of Stand News was localism which excluded China, and that it even became a tool to smear and vilify the Central Authorities and the HKSAR Government during the movement of opposition to the proposed legislative amendments. The court found that the relevant articles, without any objective basis, attacked the relevant law and procedures; and relevant law enforcement and prosecutorial process; spread hatred and anti-government sentiment with disinformation; attacked law enforcement by the Police and glorified the behaviour of rioters - in other words, they were not based on facts. To distort acts of inciting hatred as "journalism" is a complete reversal of right and wrong."
"According to Schedule 3 of the Implementation Rules of Article 43 of the Hong Kong National Security Law, the Department of Justice (DoJ) has made an application to court for a confiscation order to confiscate the proceeds of the relevant crime. DoJ will continue to handle subsequent procedures in accordance with the law."
"The court stated in its reasons for sentence that at the time of the offence, the three defendants were not engaging themselves in genuine journalistic work but were participating in the so-called protest at the time. From the editorial of Stand News and News Stand, it is evident that they sided with the protesters against the Government. The crimes committed by the three defendants are very serious."
"The reasons for sentence also pointed out that, given Stand News had approximately 1,600,000 followers, the seditious articles involved have undoubtedly caused significant harm to both the Central Government and HKSAR Government as well as the residents, although it is difficult to quantify."
The spokesperson stated: "The reasons for sentence also indicated that, due to the severity of the offences, imprisonment is the only appropriate sentencing option. Regarding the length of the sentence, the maximum penalty is two years' imprisonment. This maximum penalty is completely disproportionate to the severity of the offences. According to the existing Safeguarding National Security Ordinance, the maximum penalty for the crime of sedition is seven years' imprisonment. Based on the culpability of the second defendant, Chung Pui-kuen, a starting point of 23 months' imprisonment was adopted, and a sentence of 21 months was passed. For the third defendant, Lam Siu-tung, a starting point of 14 months' imprisonment was adopted but due to the potential risk to his life if sent to prison, a sentence was imposed that allows for his immediate release."
The spokesman says, "Following the verdict in this case, some have expressed concerns about freedom of the press and speech in Hong Kong. Some foreign media or other people with ulterior motives, as well as anti-China organisations and anti-China politicians, made untruthful and purely political remarks smearing the HKSAR. We have made clarifications and rebuttals many times to set the record straight. As demonstrated in the court's reasons for its verdict, Stand News completely disregarded objective facts and contravened the "special duties and responsibilities" which journalists must observe under international human rights conventions."
The spokesman pointed out that, "The Basic Law and the Hong Kong Bill of Rights guarantee fundamental rights such as the freedom of expression, peaceful assembly, procession and demonstration. Members of the public (including journalists) in Hong Kong are, as always, free to make comments or criticisms that are based on facts, and to enjoy and exercise freedoms of the press and of speech in accordance with the law, without fear of unwittingly violating the law."
"It is the constitutional duty of the HKSAR to safeguard national security. In this regard, the HKSAR Government will ensure that laws are observed and continue to enforce the law resolutely, decisively and rigorously with a view to effectively preventing, suppressing and imposing punishment for acts and activities endangering national security with all-out efforts."
FS begins visit to Brussels, Belgium
The Financial Secretary, Mr Paul Chan, yesterday (May 20, Paris time) proceeded to visit Brussels, Belgium, during which he met with a number of European Union (EU) officials and European business leaders to promote Hong Kong's advantages.
After arriving in Brussels, Mr Chan met respectively with the Deputy Director-General for Financial Stability, Financial Services and Capital Markets Union of the European Commission, Dr Alexandra Jour-Schroeder; the Managing Director for Asia and the Pacific of the European External Action Service, Mr Erik Kurzweil; and the Hors Classe Adviser in the Directorate-General for Budget of the European Commission, Mr Siegfried Ruhl. They exchanged views on the experience of Hong Kong and Europe in areas including the economy, finance, trade and fiscal policy, and explored ways to further promote co-operation and build closer, mutually beneficial and win-win relations.
During the above meetings, Mr Chan briefed them on Hong Kong's economic and financial development. He pointed out that, amid the current challenging international political and economic environment, Hong Kong, under "one country, two systems", maintains its status as a free port, with the free flow of capital, information and talent. Hong Kong also adheres to international best practices in business, accounting and professional services, has stable and predictable economic and trade policies, and continues to innovate and develop its financial markets. He welcomed the European business and investment communities to make full use of Hong Kong as a platform to raise funds for developing markets in the Chinese Mainland and Asia.
Mr Chan also said that there is room for Hong Kong and Europe to strengthen co-operation in various fields, and that the two sides should engage in more exchanges of experience, mutual learning and joint development. For example, in the financial sector, the two sides could explore arrangements for dual listing by European enterprises in the two markets, develop fixed-income and currency markets, promote green finance and financial innovation, and better channel private savings to support industries and economic development.
Mr Chan also met with the Chief Executive Officer of Euroclear, a European financial intermediary institution, Ms Valérie Urbain, to exchange views on the global economic situation and financial market developments. In addition, he met with the representative of a renowned local family to learn about the development of its group's business in Hong Kong and Asia, and introduced Hong Kong's advantages in various aspects. He suggested that the group increase its investment in Hong Kong and use Hong Kong as its regional headquarters for managing its business and treasury activities in the region.
He also called on the Head of Mission and Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the European Union, Mr Cai Run, and the Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of Belgium, Mr Fei Shengchao. They had in-depth exchanges on China-Europe relations and the latest developments in Hong Kong.
Mr Chan will depart today (May 21, Brussels time) for the visit to Zurich, Switzerland.
The Financial Secretary, Mr Paul Chan (first right), met with the Head of Mission and Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the European Union, Mr Cai Run (second right), and the Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of Belgium, Mr Fei Shengchao (first left) in Brussels, Belgium, on May 20 (Brussels time). Source: HKSAR Government Press Releases
The Financial Secretary, Mr Paul Chan, met with the Head of Mission and Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the European Union, Mr Cai Run, and the Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of Belgium, Mr Fei Shengchao, in Brussels, Belgium, on May 20 (Brussels time). Photo shows Mr Chan (left) with Mr Cai Run (right). Source: HKSAR Government Press Releases
The Financial Secretary, Mr Paul Chan (third left), met with the Chief Executive Officer of the European financial intermediary Euroclear, Ms Valérie Urbain (third right), in Brussels, Belgium, on May 20 (Brussels time). Also attending the meeting is the Special Representative for Hong Kong Economic and Trade Affairs to the European Union, Miss Shirley Yung (second left). Source: HKSAR Government Press Releases
The Financial Secretary, Mr Paul Chan (fourth right), met with the Hors Classe Adviser in the Directorate-General for Budget of the European Commission, Mr Siegfried Ruhl (third right), in Brussels, Belgium, on May 20 (Brussels time). Also attending the meeting is the Special Representative for Hong Kong Economic and Trade Affairs to the European Union, Miss Shirley Yung (third left). Source: HKSAR Government Press Releases
The Financial Secretary, Mr Paul Chan (left), met with the Managing Director of the Department for Asia and the Pacific of the European External Action Service, Mr Erik Kurzweil (right), in Brussels, Belgium, on May 20 (Brussels time). Source: HKSAR Government Press Releases
The Financial Secretary, Mr Paul Chan (first right), met with the Deputy Director-General for Financial Stability, Financial Services and Capital Markets Union of the European Commission, Dr Alexandra Jour-Schroeder (second left), in Brussels, Belgium, on May 20 (Brussels time). Source: HKSAR Government Press Releases
