Hong Kong: Bao Choy Wins Appeal At Hong Kong's Court Of Final Appeal
CFWIJ is hopeful the court's ruling recommits Hong Kong to protect the free press
Location: Hong Kong
Date: June 5, 2023
Photo Credit: Louise Delmotte/Associated Press
Documentary journalist Bao Choy wins appeal against conviction for accessing vehicle registration records at the city’s top court. CFWIJ welcomes the court's decision and congratulates Bao Choy on her victory.
"It seems I haven't felt happy about something in a long time," she said. "Maybe a lot of people feel the same way. So let us all enjoy this moment of happiness," says Choy, expressing her satisfaction with the outcome following the conclusion of her 30-month legal battle.
The Court of Final Appeal, which began hearing the appeal on May 3, ruled on June 5th that Choy was subjected to a “substantial and grave injustice” by being accused of making false statements when using the search application database for vehicle registration records.
The judgment stated that the phrase “traffic and transport-related matters,” one of three reasons for searching public records online, should not exclude “bona fide journalism.”
Choy was arrested in early November 2020 for allegedly making false statements about her reasons for accessing publicly available vehicle registration data. She was charged with violating the Road Traffic Ordinance by allegedly providing incorrect information to obtain the data.
The case concerned interpreting “traffic and transport-related matters” and whether it includes reporting. The other two options for searching records are “transport-related legal proceedings” or the “sale and purchase of a vehicle.” Choy had selected the first option as it pertained to using a vehicle on a road. This appeal marked her final opportunity to overturn the previous ruling.
It is not uncommon for journalists to use publicly accessible databases, including vehicle registration records, as a tool in their investigative work.
During the trials, Choy's lawyer disputed the accusation that her use of the database was not related to "transport or traffic-related matters." They argued that the vehicles in question were suspected of transporting weapons on the night of an attack, making it a relevant transport or traffic-related matter.
Choy's conviction for accessing public vehicle registration information marked the first time a journalist had been found guilty of such an offense. Her arrest and sentencing have raised concerns that freedom of the press is no longer fully protected.
The Hong Kong Journalists Association (HKJA) believes the charge was an attempt to suppress legitimate journalistic activities and intimidate reporters. Following the incident, the organization submitted a request to the Land and Company Registry, urging them to add an option for "media reports" to the registry's inquiry. However, as of now, the request has yet to be granted.
Bao Choy is a renowned investigative journalist and television producer in Hong Kong, best known for her work on the public broadcasting service RTHK's documentary program Hong Kong Connection. She has reported on various topics, including politics, human rights, and corruption, such as cases involving cross-border bribery and illegal offshore companies.
The Coalition For Women In Journalism extends its support to Bao Choy and congratulates her on her victory. The decision emphasizes the significance of Hong Kong's constitutionally protected freedom of the press and speech. We join Choy in hoping that the ruling will inspire all journalists who continue to work in the city.
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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