Award-winning Hong Kong journalist wins appeal in rare court ruling upholding media freedom

55

In a significant victory for media freedom, an acclaimed journalist from Hong Kong has won her appeal, overturning her conviction related to her investigative documentary work. This rare court ruling serves as a crucial affirmation of press freedom in the region.

Bao Choy, an award-winning journalist, had been found guilty in April 2021 of misleading the government by obtaining vehicle ownership records for journalistic purposes. The records were obtained through an online application where Choy had stated that she would utilize the information for “other traffic and transport related issues.”

Choy’s investigative documentary aimed to identify the culprits behind a violent attack on protesters and commuters within a train station during the major anti-government demonstrations in 2019.

At the time, she was fined 6,000 Hong Kong Dollars ($765) for two counts of making false statements, which she regarded as “a very dark day for all journalists in Hong Kong.” This ruling ignited widespread outrage among local journalists, who raised concerns about the deteriorating state of press freedom in the city.

In a written judgment delivered on Monday, the top court judges unanimously ruled in favor of Choy, quashing her conviction and nullifying the sentence. The judgment stated, “The allegations of falsity and knowledge were incorrectly decided against the appellant, as her journalistic investigation into the vehicle’s use on the specified dates fell within the broad scope of ‘other traffic and transport related matters.'” Furthermore, even if it did not fall within that scope, it was not “an undeniable inference that she knew it to be false.” The judgment emphasized that “bona fide journalism” should not be excluded from this definition.

Choy expressed her satisfaction with the judgment to reporters outside the court, highlighting its affirmation of the city’s constitutionally protected freedom of press and speech. She stated, “In recent years, we may have witnessed many things quietly disappearing. However, our beliefs in our hearts cannot be easily taken away. Regardless of today’s outcome, the perseverance demonstrated over the past few years is already significant.”

Choy expressed her hope that the ruling would serve as encouraging news for all journalists who continue to work diligently in the city.

The documentary Choy co-produced, titled “7.21 Who Owns the Truth,” received the Chinese-language documentary award at the Human Rights Press Awards in 2021. The judging panel commended it as “a masterpiece of investigative reporting” that fearlessly pursued leads and scrutinized the powerful.

Since the 2019 protests, there has been a crackdown on dissent, resulting in the closure of two prominent media outlets, Apple Daily and Stand News. Additionally, some of their top executives have faced prosecution. Jimmy Lai, the founder of Apple Daily, is facing charges under a sweeping national security law implemented in 2020. Furthermore, two former editors of Stand News have been charged under a colonial-era sedition law, which has increasingly been employed to suppress critical voices.

Although Hong Kong, once a British colony, returned to Chinese rule in 1997, critics argue that Beijing’s pledge to preserve the city’s freedoms is steadily eroding. Hong Kong currently ranks 140th out of 180 countries and territories in the World Press Freedom Index published by Reporters Without Borders. The international media watchdog notes that the city has witnessed an unprecedented regression since the introduction of the security law in 2020.

Frequently Asked Questions (FAQs) about media freedom

More about media freedom

• Hong Kong journalist wins appeal in rare court ruling upholding media freedom
• Hong Kong journalist’s conviction overturned in landmark ruling
• Hong Kong journalist wins appeal in significant victory for press freedom
• Landmark ruling in Hong Kong upholds media freedom