Not long after Selina Cheng became the chairperson of the Hong Kong Journalists Association (HKJA) in July 2024, her then-employer, the Wall Street Journal (WSJ), dismissed her, citing “internal restructuring.”
She has since launched a private prosecution against her former employer on two charges, including “preventing employees from participating in the union.”
The case was heard in the Eastern District Court on Feb. 13.
The city’s Department of Justice (DoJ) sought an eight-week adjournment to consider whether to intervene, but Cheng objected, claiming that the DoJ had advised the Labor Department against prosecuting.
The WSJ also noted that more time was needed to obtain further instructions from its overseas management.
Chief Magistrate Don So Man-lung ultimately postponed the case to April 22 for the next hearing.
The defendant, Dow Jones Publishing Co. (Asia) Inc, WSJ’s parent company, is being accused of two counts of breaching the Employment Ordinance, namely “the employer prevented or deterred the employee from exercising her right to join a trade union,” and “the employer terminated the employee’s employment contract, punished or otherwise discriminated against the employee for exercising such rights.”
Cheng is represented by Kat Nigel, SC, and barrister Azan Marwah. Nigel said that because the defendant needed time to consider the matter, he requested that no defense be required on that day. He also expressed his opposition to the eight-week delay by the DoJ in considering whether to intervene in the prosecution, saying that the delay was “rather excessive.”
He believed that the DoJ had received all relevant documents on the case back in November 2024, and a mere two-week delay was deemed sufficient. He also said that the Labor Department had sought legal advice from the DoJ on Dec. 6, 2024, and the latter recommended on Dec. 20 that the Labor Department not prosecute.
According to the Prosecution Code of the DoJ, the Secretary for Justice has the right to intervene in private prosecution proceedings and take over the prosecution, becoming a party in the legal proceedings at the time, and replacing the original prosecuting party. The Secretary for Justice may continue legal proceedings initiated by private prosecutions or may refuse to sign a charge sheet or indictment, thereby preventing the continuation of the said legal proceedings.
The defendant supported the eight-week adjournment, saying that the case involved several staff members, some of whom may be outside the country, and it was necessary to seek further instructions from them in due course.
The magistrate questioned whether the case had any urgency. Nigel pointed out that the case had public interest at stake, and the dismissal of an employee involved in a union by an international news organization, so it should be handled without delay.
Cheng was elected chairperson of the Hong Kong Journalists Association (HKJA) on June 22, 2024. On July 17 of the same year, she was dismissed by the WSJ on grounds of “internal restructuring.” Cheng had earlier stated that when the WSJ was reorganized in May, it had expressed concerns to her about the risk for their local reporters to handle the reporting of Hong Kong political news. Since then, she was asked not to get involved in such reporting and to hand over Hong Kong political news to an expatriate reporter.
She alleged that upon learning of her decision to run for HKJA chairmanship, WSJ asked her to withdraw from the candidacy, but she refused. Cheng also claimed that she had told the company that if it were made public that WSJ had asked its employees to withdraw from the union election, it would trigger significant media coverage, but she alleged that the company said that it was “prepared to handle it.”
Since the Chinese Communist Party (CCP) imposed the National Security Law (NSL) in Hong Kong, press freedom in the city has deteriorated. Many journalists have been arrested on NSL charges and other alleged crimes, including senior staff from Apple Daily and Stand News.
During the HKJA leadership election in June last year, pro-China media and Hong Kong government officials repeatedly pressured the association. Secretary for Security Chris Tang Ping-keung stated that the association “lacked legitimacy” and accused some candidates of having a record of “receiving money from the United States.” Several elected current executive committee members eventually decided to withdraw, including BBC journalist Danny Vincent.
