A Hong Kong court on Thursday, 10 September convicted Dow Jones, publisher of The Wall Street Journal, of attempting to block a reporter from becoming head of a press union — while clearing the company of unlawfully dismissing her.

The split verdict

Principal Magistrate Cheung Chi-wai David ruled that Dow Jones was guilty of wilfully preventing journalist Selina Cheng from exercising her right, under Hong Kong’s Trade Unions Ordinance, to become an officer of a registered trade union in June 2024.

The company, the magistrate found, had required Cheng to obtain permission to run for the chairpersonship of the Hong Kong Journalists Association (HKJA) — permission that would have been denied — and “asserted that she would not remain employed if she assumed the role,” CNN reported, carrying Reuters copy. Al Jazeera reported the magistrate describing that permission requirement as an “unjustified deterrent”.

On the second charge — that Dow Jones unlawfully terminated Cheng’s contract on 17 July 2024 because she had exercised that right — the court acquitted the company, accepting its argument that she was made redundant in a corporate restructuring.

Cheng has said she was fired after refusing demands from senior editors to sever ties with the HKJA and to stop advocating for press freedom.

Penalty still to come

The offence carries a maximum fine of HK$100,000 (about US$12,755), and Al Jazeera reported that sentencing is expected at a later date.

Dow Jones said it disagreed with the ruling and was evaluating next steps. “The Wall Street Journal has a long and proud history as an employer in Hong Kong. Throughout that time, we have remained deeply respectful of its labour laws and supportive of our employees’ rights, while publishing excellent, impartial journalism about the region,” a spokesperson said.

Speaking outside court, Cheng said the case had raised awareness of union suppression and that employers had no right to require staff to consult them before joining a union. “If reporters’ employment rights are not sufficiently safeguarded or when their rights are violated and not enforced in law, then we can no longer work safely as reporters,” she told reporters.

Context

The HKJA, founded in 1968, is Hong Kong’s longest-established journalists’ organisation and one of the last remaining bodies advocating for media rights in the territory. Many outlets have disbanded since China imposed a national security law on Hong Kong in 2020.

The unusual feature of this case is the identity of the defendant: the conviction is against an international news organisation, under labour law, for conduct towards its own journalist.

Not reported

No report gives a sentencing date, says whether Dow Jones will appeal, or states whether Cheng is seeking reinstatement or damages separately from the criminal proceedings. The Hiru News and CNN accounts are both Reuters wire copy; Al Jazeera filed its own report.