Putri Anggraini
A Hong Kong court has convicted Dow Jones, the parent company of The Wall Street Journal, of unlawfully attempting to deter a former correspondent from participating in trade union leadership. In the same ruling, however, the court acquitted the international publishing firm on a separate charge alleging that the journalist was terminated as direct retaliation for her union position.
The legal proceedings at the Eastern Law Courts stemmed from the dismissal of Selina Cheng, who was let go from her reporting role at The Wall Street Journal in July 2024. Following her termination, Cheng initiated legal action accusing the publisher of unlawfully dismissing her because of her role as the chairperson of the Hong Kong Journalists Association and attempting to stop her from standing for an elected post within the union.
Delivering the split verdict, the presiding judge ruled that Dow Jones was guilty of violating statutory protections by attempting to obstruct Cheng’s right to run for the trade union’s top office. The magistrate determined that the employer had improperly impeded her statutory entitlement to seek union office during her tenure with the publication.
At the same time, the court dismissed the accompanying charge regarding unlawful termination. The judge accepted the defense presented by Dow Jones, ruling that Cheng had been made redundant as part of a wider corporate restructuring process rather than in retaliation for her leadership role within the journalists' organization.
The conviction on the deterrence offense centered on internal company policies imposed prior to Cheng’s election. The court found that Dow Jones had demanded Cheng obtain prior managerial permission before running for the leadership of the media union, a requirement the judge characterized as an unjustified deterrent to her lawful workplace rights.
Under Hong Kong’s labour legislation, workers are granted explicit legal protections allowing them to join and participate in registered trade unions without fear of employer interference or intimidation. Employers found guilty of attempting to prevent or deter staff from engaging in lawful union activities face financial penalties of up to 100,000 Hong Kong dollars ($12,755).
Following the announcement of the verdict, the court adjourned the matter to determine sentencing at a later date, leaving the publisher awaiting the final monetary penalty for the regulatory conviction.
Speaking outside the courthouse following the conclusion of the hearing, Cheng highlighted the significance of the ruling for the local press corps. She emphasized that the enforcement of statutory employment protections is indispensable for journalists striving to carry out their professional duties safely and independently.
“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,” Cheng stated to reporters outside the Eastern Law Courts.
The verdict marked the culmination of an uncommon legal strategy pursued by Cheng, who launched a private prosecution against Dow Jones last year. The private action was initiated after an initial complaint she submitted to Hong Kong’s Labour Department concluded without the department instituting formal prosecution against the publisher.
In response to the magistrate’s findings, Dow Jones stated that it disagreed with the conviction regarding the deterrence charge and noted that it was currently examining its options regarding further legal 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 company spokesperson said in a released statement.
The trade group at the center of the dispute, the Hong Kong Journalists Association, was established in 1968 and stands as the city’s longest-running professional body representing news media personnel. Over the decades, it has served as an essential advocacy platform representing local and international journalists working within the territory.
In recent years, the association has become one of the last remaining independent organizations openly advocating for press freedoms and media rights in Hong Kong. The city’s media landscape has experienced considerable pressure and structural changes, particularly following Beijing's enactment of a sweeping national security law in 2020 after periods of pro-democracy demonstrations.
According to international media freedom indices and surveys conducted by the HKJA, numerous independent news organizations across the territory have subsequently ceased operations, elevating international attention surrounding legal disputes that intersect with journalistic autonomy and employment rights in the financial hub.
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