The Hong Kong High Court overturns the investigative journalist’s conviction

Hong Kong’s High Court on Monday, June 5, overturned the conviction of a journalist for conducting an investigation into the July 2019 attack on pro-democracy activists by pro-Beijing supporters.

In 2021, Bao Choi, a freelance journalist, was fined HK$6,000 (€700) by a court after convicting her of “misrepresentation” for obtaining, on public record, car ownership records as part of an investigation she was carrying out. .

The online form to access this information offered applicants three options: “for legal proceedings”, “for the sale and purchase of vehicles” and “for other traffic and transportation matters”. Bao Chui had chosen the latter option, which in the eyes of the lower court as well as on appeal was inconsistent with a journalistic purpose.

But on Monday, a panel of five Supreme Court justices unanimously decided to overturn the conviction, finding that“There was no reason (…) That bona fide journalism be excluded [dans la définition du troisième choix] ». “‘Traffic and other transportation issues’ can be taken up in a broader sense to include the serious investigative journalism being conducted here.”, the judges said in their decision. They added that this broad interpretation was related to “Freedom of expression and the press protected by the constitution”.

A rare victory for the media

“Happy.” I can’t find another word to describe my state of mind right now.Reporter Bao Chui said after the decision. “I think this kind of happiness should be shared by everyone in our society.”she added.

The move is a rare victory for the Hong Kong media, where two major independent news outlets have been forced to shut down since Beijing imposed the national security law in 2020. The journalist did her research as part of a documentary she produced in 2020 for Britain’s The Guardian. Hong Kong Public Channel RTHK.

She was investigating the police response to the July 2019 assault, a key event in that year’s violent pro-democracy protests in Hong Kong.

The award-winning documentary claims that on the evening of the attack, police failed to respond to the arrival of large numbers of private vehicles of men armed with clubs in the Yuen Long district. Using vehicle ownership records, Bao Choy’s documentary revealed new details about the alleged attackers, some of whom had ties to pro-Beijing and politically influential rural committees.