Hong Kong court rules WSJ tried to stop journalist taking union role

A Hong Kong court found Dow Jones guilty on Thursday of trying to deter a reporter from taking a union role, but acquitted the publisher on a charge that it fired her because of it.

Selina Cheng reported on China's electric vehicle industry for the Wall Street Journal before she was made redundant in July 2024, weeks after she was elected chair of the Hong Kong Journalists' Association (HKJA).

She accused the newspaper's publisher Dow Jones of unlawfully terminating her employment over her HKJA role, and of trying to prevent her from standing for a union position. The company denied the charges.

The court found the company guilty of trying to deter Cheng from exercising her right to take a union role, although accepted its argument that she was made redundant because of corporate restructuring and not due to her position with the HKJA.

Principal Magistrate David Cheung said the company's requirement that Cheng seek prior permission to run in the HKJA election was an "unjustified deterrent" of her rights, and a "wrongful and unjustified application" of its code of conduct.

Cheng submitted during the trial audio recordings and transcripts of calls with her supervisor discussing her plans to run for the HKJA position, in which she was told that doing so "would not be compatible" with her employment.

"If reporters' employment rights are not sufficiently safeguarded, or when their rights are violated and not enforced in law, then we can no longer work safely as reporters," Cheng told reporters outside the court after the ruling.

"Employers have no right to be consulted on whether an employee can exercise their basic rights, just like how one wouldn't ask their boss if they can attend church or try for a baby," she said.

The right to take part in a trade union is protected by Hong Kong's labour laws. An employer found guilty on "prevent or deter" charges could be fined up to HK$100,000 ($12,755).

A Dow Jones spokesperson told AFP that they "respectfully disagree with the ruling, and are evaluating our next steps", adding that they were "deeply respectful" of Hong Kong's labour laws.

Cheng launched a private prosecution in 2025 for illegal termination, after filing a complaint with the Labour Department that did not result in a prosecution.

Founded in 1968, the HKJA is Hong Kong's longest-established journalists' organisation and one of the last remaining groups advocating for media rights in the city.

Media freedom in the financial hub has come under strain since Beijing imposed a wide-ranging national security law in 2020, according to international rankings and HKJA surveys.

Hong Kong was once known for its many freewheeling and independent news outlets, but many have disbanded since Beijing imposed a national security law after huge and sometimes violent pro-democracy protests in 2019.