Hong Kong: Bao Choy wins appeal
Producer and journalist Bao Choy Yuk Ling has successfully appealed a 2021 conviction of ‘making false statements’ for her allegedly inappropriate search of a vehicle registration database in the production of a documentary. The International Federation of Journalists (IFJ) welcomes the clearance of charges against Bao Choy and urges authorities to ensure that the legal protections afforded to journalists under Hong Kong’s Basic Law are followed
Bao Choy Yuk Ling after winning her appeal outside the Hong Kong’s Court of Final Appeal. Credit: Twitter
On June 5, Hong Kong’s Court of Final Appeal (HKCFA) presented a unanimous verdict granting journalist Bao Choy Yuk Ling’s appeal, revoking all charges laid against her. In an official statement, the court said her initial conviction represented a “substantial and grave injustice”.
Choy was found guilty in April 2021 on two charges of “making false statements”, under the Road Traffic Ordinance, after allegedly inappropriately searching for vehicle registration data. The journalist had searched government records against the vehicle registration data of cars suspected of ferrying weapons and assailants to the 2019 Yuen Long mob attack.
Of the three intentions available through the database’s website, namely vehicle purchases, legal matters or other transport or traffic-related matters, Choy selected the latter. In this latest ruling, the HKCFA found the intention of the information to be used in ‘bona-fide’ journalism meant the selection was not false, and therefore did not constitute any ‘false statement’.
The decision has been widely presented as a victory for press freedom in Hong Kong, with press freedom advocates, journalist representative bodies and Choy’s family celebrating the decision outside the court.
Choy unsuccessfully appealed her conviction at the city’s High Court in November 2022, with Justice Alex Lee deliberating that membership databases could not be ‘arbitrarily abused’. Under Hong Kong’s judicial structure, the decision cannot be appealed.
The IFJ said: “The Court of Final Appeal’s decision represents a rare victory for journalists and press freedom in Hong Kong. Bao Choy should never have been charged for her investigations, and her commitment to overcoming her initial conviction is admirable. While the IFJ welcomes the court’s decision, it urges authorities to respect Hong Kong’s Basic Law provisions guaranteeing press freedom to prevent similar legal cases against media practitioners.”
