Court convicts Wall Street Journal publisher of deterring reporter from taking union role

Selina Cheng, chair of the Hong Kong Journalists Association and a former reporter for The Wall Street Journal [AP Photo]

A Hong Kong court on Thursday convicted the publisher of The Wall Street Journal of deterring its reporter from taking up a trade union role, in a case that raised concerns about media freedom in the city. The court acquitted Dow Jones Publishing Co. (Asia) Inc. of the charge of dismissal over the union role.

Former WSJ reporter Selina Cheng, also chairperson of the trade union Hong Kong Journalists Association, launched a private prosecution against Dow Jones Publishing Co. (Asia) Inc. after losing her job in July 2024.

Hong Kong, once considered a bastion of press freedom in Asia, has seen its media landscape change drastically in recent years, including the forced closure of news outlets and the prosecution of newsroom leaders.

Cheng earlier said that her supervisor told her that her participation in the union election was problematic and that the supervisor needed to discuss the issue with WSJ’s management in New York and Dow Jones’ in-house lawyers. Cheng said that she was told that her union role would be incompatible with her employment.

In convicting the company, Principal Magistrate David Cheung pointed to the firm’s requirement for its approval before Cheng ran for election for the union’s leadership role. Cheung said that the election didn’t take place within the journalist’s working hours.

But he said that the defense has raised sufficient reasonable doubt for the second charge over her dismissal. The defense previously tried to convince the court that Cheng was terminated because of redundancy.

Dow Jones pleaded not guilty last year to two charges under the city’s Employment Ordinance, each carrying a maximum fine of 100,000 Hong Kong dollars (about $12,750). The first charge alleges the company had prevented or deterred Cheng from exercising union participation rights. The second alleges the company terminated her employment for exercising those rights.

During the trial, the defense argued the prosecution hadn’t sufficiently proved that the firm’s management instructed Cheng’s supervisor. It also accused Cheng of abusing the criminal process in a previous hearing.

But the magistrate didn’t find that Cheng’s private prosecution was motivated by any improper purpose.

Sentencing is expected to be handed down at a later date.

After the verdict, Dow Jones said that it respectfully disagrees with the ruling and is evaluating its next step. It said the Journal has a “long and proud history” as an employer in Hong Kong.

“Throughout that time, we have remained deeply respectful of its labor laws and supportive of our employees’ rights, while publishing excellent, impartial journalism about the region,” it said.

Cheng told reporters that the magistrate was fair to both parties. She said that the case has brought awareness of union suppression in Hong Kong and that she hoped employers will understand they have no right to have their employees consult with them before their workers join a union.

Cheng said that reporters’ rights as employees are important to media freedom.

“The right for us to work without worry, without stress, without risk is the foundation of Hong Kong’s press freedom, more than anything else,” she said.

She said that she would have to discuss with her legal team whether to appeal the WSJ’s acquittal on the dismissal charge.

Cheng’s termination in 2024 alarmed many journalists, especially given that foreign outlets have traditionally faced less pressure than local news outlets in Hong Kong.

After Beijing imposed a national security law in 2020, two local news outlets known for critical coverage of the government, Apple Daily and Stand News, were forced to shut down following the arrest of their senior management.

Jimmy Lai, founder of Apple Daily, was sentenced to 20 years in prison in February. His staffers received prison terms ranging from six years and nine months, to 10 years.

Hong Kong, a former British colony returned to Chinese rule in 1997, ranked 140th out of 180 countries and territories in Reporters Without Borders’ latest World Press Freedom Index, down from 18th out of 139 regions in 2002. KANIS LEUNG, HONG KONG, MDT/AP