Hong Kong: The High Court Dismisses Appeal Of Former RTHK Producer Bao Choy Yuk-ling
Location: Hong Kong
Date: November 7, 2022
The appeal of Bao Choy Yuk-ling, former producer of Radio Television Hong Kong (RTHK) was denied by the High Court judge and the original verdict was supported. The Coalition For Women In Journalism denounces the rejection of Yuk-ling's appeal and views this as a deliberate attack on media freedom.
On Monday, November 7, High Court judge Alex Lee ruled to uphold the original sentence of a maximum of six months imprisonment for Bao Choy Yuk-ling. Yuk-ling was first convicted on April 22, 2021, by the West Kowloon Magistrates’ Courts.
Bao Choy Yuk-ling is a renowned investigative journalist and television producer in Hong Kong, best known for her work on the public broadcasting service RTHK's documentary programme Hong Kong Connection.
In July, 2020, Hong Kong Connection aired an episode called "7.21 Who Owns the Truth?", in which Yuk-ling examined July 21, 2019, Yuen Long mob attack on citizens during the 2019-2020 Hong Kong protests. The Police were accused of deliberately delaying their arrival and condoning the suspects and the pro-Communist forces behind them and further contributing to the deterioration of public-police relations.
In the making of the episode, Yuk-ling used China Central Television (CCTV) footage, and along with her colleagues, they were able to identify a number of vehicles parked near the suspected gang members. They issued a request to use the vehicle registration database to identify the owners. In the episode, it was stated that according to the database, the vehicles suspected of having supplied the mob members with weapons were connected to local representatives.
In early November 2020, Yuk-ling was arrested for allegedly distorting her motive to access vehicle license plate information. The journalist was charged with two counts of misstatements under the Road Traffic Ordinance.
On November 10, 2020, Yuk-ling appeared in court and pleaded not guilty. Principal Magistrate, Ivy Chui, stated that the Road Traffic Ordinance could only approve public access to the database for transport or traffic-related matters, legal matters, or vehicle purchases.
Since a category for journalistic reasons was not an option, Yuk-ling declared in the application that her reason was for "transport or traffic-related matters."
The charge was heavily criticized by the Hong Kong Journalists Association (HKJA) which stated that checking publicly accessible databases, including vehicle registration records, has been a common investigative tool in Hong Kong.
It was also disputed by Yuk-ling's lawyer during trials that her use of the database was in fact a "transport or traffic-related matter" since the vehicles were suspected of transporting weapons on the night of the attack.
Yuk-ling is the first journalist found guilty of accessing public vehicle registration information. Her arrest and sentencing are a loud sounding alarm that freedom of the press is no longer intact.
Following the incident, the Journalist Association of Hong Kong filed a request to the Land and Company Registry asking for an option for “media reports” to be added to the registry's inquiry. So far, it has not been successful.
The High Court's judgment was viewed by many institutions in Hong Kong as a loss of judicial principle. Bao Choy Yuk-ling commented on the verdict that she was not the only one disappointed. So was the entire news industry in Hong Kong. The journalist declared loudly outside the High Court, “I have no regrets. I have a clear conscience.” She then added that if she were to do it all over again, she would make the same decisions without any hesitation.
The Coalition For Women In Journalism extends its support to Bao Choy Yuk-ling and urges Hong Kong authorities to retract the verdict to convict the journalist. No society can withstand loss of freedom of expression and as a result, loss of democracy.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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