Hong Kong Journalist Loses Appeal Over Database Search

A Hong Kong court has upheld the conviction of a journalist who investigated the police response to a 2019 mob attack on pro-democracy protesters, a decision likely to fan concerns about press freedom.

(Bloomberg) — A Hong Kong court has upheld the conviction of a journalist who investigated the police response to a 2019 mob attack on pro-democracy protesters, a decision likely to fan concerns about press freedom.

Judge Alex Lee ruled Bao Choy’s reason for searching an official car ownership database was “too far-fetched and unreasonable” in the High Court on Monday. He upheld the previous ruling that journalism was no defense for searching such a directory under false pretenses.

Choy was convicted and fined in April 2021 for knowingly making a false statement when listing reasons for wanting to search an official database as part of investigation into a gang attack. 

READ: Hong Kong Bashes Global Media With Hundreds of Complaint Letters

Choy, then a producer for public broadcaster Radio Television Hong Kong, was trying to identify the owners of vehicles believed to have been involved in an attack on protesters in the northern area of Yuen Long in July 2019. There was no option for declaring media work when searching the database. 

The Independent Police Complaints Council later cleared officers of misconduct in a report, but said there had been failures in collecting intelligence in a timely manner.

Her work alleged a police delay in responding to the attack on dozens of protesters, which took place at the height of that year’s anti-government protests. The incident contributed to growing mistrust toward the authorities at the time. 

The prosecution of a reporter for journalistic work is rare in Hong Kong and will likely exacerbate concerns others could face a similar punishment for searches once considered routine.  

The court’s decision is also likely to add to growing concerns over deteriorating press freedom in the city. At least three pro-democracy newspaper have shuttered under police pressure campaigns since Beijing imposed a national security law on Hong Kong in 2020, while several journalists have been charged under the legislation that carries sentences as long as life in prison.  

Hong Kong’s press freedom ranking has plummeted in recent years. The city came 148 in the Reporters Without Borders 2022 World Press Freedom Index, representing a fall of 68 places from last year. Twenty years ago, the city sat in 18th place.  

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