Hong Kong: Court convicts journalists of unauthorised entry into legislature
Journalists Wong Ka-ho and Ma Kai-chung have been found guilty by a Hong Kong court of unlawfully entering the city’s legislative council on July 1, 2019, amid a pro-democracy protest in which demonstrators stormed the building in opposition to a proposed extradition bill. The International Federation of Journalists (IFJ) condemns the journalists’ sentencing and calls on the Hong Kong authorities to allow all members of the press to report without threat of legal retaliation.
A protester defaces the Hong Kong emblem after protesters broke into the legislative council headquarters in Hong Kong on July 1, 2019. Credit: Vivek Prakash / AFP
Wong, a journalist at a student publication at the City University of Hong Kong, and Ma, a reporter for the newspaper and online news website Passion Times, faced charges of rioting and unlawfully entering the legislative council. The journalists, along with actor Gregory Wong and three others, pleaded not guilty to the charges on February 1. The court acquitted both Wong Ka-ho and Ma of the rioting charge but found them guilty of unlawful entry.
Wong and Ma were released on bail the same day to await sentencing, facing a maximum of three months imprisonment and a potential fine of HKD 2,000 (approx. USD 255) under the city’s Legislative Council Ordinance.
In a written judgment, Judge Li Chi-ho said the journalists had the “wrong idea” that reporters were permitted to stay and document the protests, citing a directive asking all people to leave. “I can't see how the defence can distort the meaning of the word and exclude journalists from ‘everyone’,” he said.
In response to the verdict, the Hong Kong Journalists Association (HKJA) said the judgement disregards freedom of the press guaranteed under the city’s constitution. “HKJA is concerned that the cases will further hinder journalists' interview work,” continued the statement.
Drawing over one million protestors, the 2019 demonstrations against the proposed extradition bill, that would have allowed authorities to send citizens to mainland China for trial, were the biggest challenge to the Hong Kong government since the city’s return to Chinese rule in 1997. In response, Beijing introduced the draconian National Security Law in 2020, which continues to be used to target journalists and activists under broadly worded offences including secession, subversion, terrorist activities and collusion with a foreign country.
The verdict follows Hong Kong Chief Executive John Lee's announcement on January 30 of public consultation on the new draft of Article 23 legislation, Hong Kong’s own proposed national security law, which has prompted international scrutiny amid fears of increased penalties and further curtailed rights in the name of national security.
The IFJ said: “Journalists must be free to report on events in the public interest without fear of legal repercussions, and the charges against Wong Ka-ho and Ma Kai-chung directly contravene the Hong Kong government’s obligations under the city’s Basic Law. The IFJ calls on the Hong Kong authorities to cease the continued obliteration of independent media and press freedom and immediately and unconditionally release all media workers detained on arbitrary national security charges.”
