22 Dec 2025法庭線#7724
鄭嘉如檢控《華爾街日報》 鄭供稱記協選舉前遭上司要求退選及退出執委會
The private criminal prosecution brought by Hong Kong Journalists Association chairperson Cheng Ka-yu against The Wall Street Journal entered its third day of hearings on Monday (22nd), with Cheng testifying as a prosecution witness. She said that on the eve of the HKJA election, her direct supervisor sent her messages and called her to ask her to withdraw, otherwise the union chairperson’s position would be “incompatiable” with her work at the Journal, and expressed the wish that she also quit the HKJA executive committee.
After Cheng told her supervisor that she would continue to stand for election, a human resources staff member emailed her saying that she had not applied to the company for permission and that her candidacy had not been approved. About half a month after she was elected chairperson, she was formally dismissed by the Journal on the grounds that her position would be assigned to another region.
In response to the Journal’s earlier suggestion that she brought the prosecution to seek a large compensation payment, Cheng explained that she pursued the case because an employer cannot dismiss an employee for participating in a trade union, but few employers have been held legally responsible for doing so. “As a union leader defending journalists [’ rights], I felt that I needed to take action to hold the employer responsible,” she said. She also said she was deeply disappointed by the Labour Department and Department of Justice decisions not to prosecute the Journal. The hearing will continue on Tuesday.
記協主席鄭嘉如私人刑事檢控《華爾街日報》一案，周一（22 日）踏入第三天聆訊，鄭以控方證人身分作供。她供稱在記協選舉前夕，其直屬上司發訊息及打電話要求她退選，否則工會主席職務將與她在《華》的工作「不相容」（incompatiable），並希望她一併退出記協執委會。
鄭向上司稱會繼續參選後，人事部職員發電郵稱，鄭沒向公司申請許可，參選不獲公司批准。鄭當選主席後約半個月，被《華》正式解僱，理由為她的職位會分配到其他地區。
就《華》一方早前質疑鄭興訟是為取巨額賠償，鄭解釋，提出檢控是因為僱主不能因僱員參與工會而解僱他，惟很少僱主因此負上法律責任，「而我作為一個捍衛記者（權利）的工會領袖，我覺得我需要採取行動，令僱主負上責任」，又提到對勞工處和律政司決定不檢控《華》大感失望。審訊周二續。
16 Dec 2025集誌社#7699
蘋果案裁決｜政府強烈譴責記協為黎智英洗白：混淆視聽，污衊特區
Jimmy Lai, founder of the former Next Digital group, was convicted of three offences, including conspiracy to collude with foreign forces. The Hong Kong Journalists Association said yesterday (15th) that it was extremely disappointed by the verdict, claiming that Lai and the Apple Daily editorial staff had been imprisoned because of their journalistic work, causing “irreversible harm to Hong Kong’s press corps.” In a statement this morning, the HKSAR Government strongly condemned the HKJA and a number of anti-China foreign media outlets for “misleading the public and whitewashing Jimmy Lai.” It criticised the HKJA, saying that its lack of credibility and legitimacy, while styling itself as a representative of the journalism sector, was “despicable”; that it had deliberately conflated the Jimmy Lai case with press freedom; and that it had used different cases to sensationalise and denigrate the human rights and rule-of-law situation, thereby smearing the HKSAR. It described this as “an extremely despicable political operation.” The HKJA’s post can currently no longer be displayed on Facebook.
前壹傳媒集團創辦人黎智英被裁定串謀勾結外國勢力等三罪罪成，香港記者協會昨（15日）表示對裁決表示極度遺憾，指黎智英和《蘋果》編採人員因新聞工作身陷囹圄，是「對香港新聞界造成不可逆轉傷害」。特區政府今早發稿強烈譴責記協和一眾反華外媒，「誤導公眾及為黎智英洗白」，批評記協無公信力和認受性而自詡為新聞界代表「令人不齒」，故意將黎智英案與新聞自由混為一談，借不同案件炒作詆譭人權和法治狀況，污衊香港特區，「是極度卑劣的政治操作」。記協的帖文內容目前已未能在 Facebook 顯示。
15 Dec 2025集誌社#7692
蘋果案裁決｜黎智英罪成 記協：造成不可逆轉傷害 國際人權、新聞組織同聲批評
Jimmy Lai, the former founder of Next Digital, was found guilty of three offences, including conspiracy to collude with foreign forces. Chief Executive John Lee said the law did not allow people of any profession or background to harm the country under the guise of human rights, democracy or freedom. Li Kwai-wah, Senior Superintendent of the National Security Department, said Lai’s conduct had nothing to do with press freedom: “It was manufacturing news and promoting political objectives.”
The Hong Kong Journalists Association, international press organisations and human rights groups also issued statements in response to the verdict. The HKJA expressed extreme regret, describing it as “irreversible harm to Hong Kong’s journalism sector”. The Committee to Protect Journalists (CPJ) and Amnesty International also criticised the verdict. CPJ described the conviction as a “shameful act of persecution”, while Amnesty International said the ruling “sounds the death knell for press freedom in Hong Kong” and stressed that Lai must be released immediately and unconditionally.
前壹傳媒集團創辦人黎智英被裁定串謀勾結外國勢力等三罪罪成，特首李家超指法律不容任何職業或背景人士，假借人權、民主、自由之名傷害國家，國安處總警司李桂華則指黎的行為和新聞自由無關，「係製造新聞，推動政治目的」。
記協、國際新聞和人權組織，亦發聲明回應裁決。記協對裁決表示極度遺憾，形容是「對香港新聞界造成不可逆轉傷害」。保護記者委員會(CPJ) 及國際特赦組織亦發聲明批評， CPJ 形容定罪是「可恥的迫害行為」，後者則指裁決「為香港新聞自由敲響喪鐘」，組織強調黎必須立即、無條件獲釋。
10 Aug 2025獨媒#7149
通訊局終極敗訴 記協及港台工會：還《頭條新聞》製作團隊公道
A 2020 episode of Headliner was accused of insulting the police. The Communications Authority has suffered a final defeat, with the quashing of all the warnings upheld. The Hong Kong Journalists Association and the RTHK Staff Union, which challenged the Authority through a judicial review at the time, said in a statement yesterday that after more than five years of litigation, justice had finally been done for the production team. However, RTHK had already stopped broadcasting Headliner, and the harm caused could not be undone.
The statement said the judgment not only confirmed that the Headliner production team had not breached the Broadcasting Code, but also affirmed the unique nature of satirical programmes as a form of artistic expression and social commentary, as well as their important role in public discussion. It said this was an important victory for the entire news industry. When explaining and applying the Broadcasting Code, regulators must fully consider the type of programme, the context of its content and the constitutional protection of freedom of expression, and avoid imposing unnecessary and unreasonable restrictions on media creativity.
The Hong Kong Journalists Association and the RTHK Staff Union called on the Communications Authority to publish the withdrawal of the relevant decision and acknowledge that its decision at the time was erroneous. They also thanked the lawyers and barristers on the legal team, as well as everyone who had taken part in crowdfunding and firmly supported freedom of expression, saying: “The success of this judicial review was entirely due to everyone’s selfless dedication.”
The statement said the judgment provided clearer guidance for regulators and clarified the principles that the authorities must follow when regulating the media, and that media organisations must follow when producing programmes.
For regulators, the decisive factor in determining whether a broadcaster had breached the rules was whether it had made reasonable efforts to verify the information, rather than whether the factual content ultimately proved accurate. The obligation to verify applied only to factual content. Regulators must also distinguish whether criticism targeted a person’s or group’s “conduct” or “status” when applying the rules prohibiting insults against individuals or groups.
《頭條新聞》2020年一集節目被指侮辱警方，通訊事務管理局終極敗訴，所有警告維持撤銷。當年提出司法覆核挑戰通訊局的記協及港台工會昨日發聲明，指纏訟逾五年，終還製作團隊公道，惟港台早已停播《頭條新聞》，已造成的傷害無法挽回。
聲明認為，判決不僅確定港台《頭條新聞》製作團隊並未違反廣播守則，亦肯定了諷刺節目作為藝術表達和社會評論形式的獨特性，以及其在公共討論中的重要角色，是對整個新聞行業的一次重要勝利。監管機構解釋及應用廣播守則時，必須充分考慮節目類型、內容語境及表達自由的憲法保障，避免對媒體創作施加不必要和不合理的限制。
記協及港台工會呼籲通訊局應公佈撤銷有關裁決，並承認當日的裁決為錯誤。他們最後感謝法律團隊的律師及大狀，以及所有曾參與眾籌、堅定支持言論自由的人士，指「是次司法覆核的成功，全賴眾人無私奉獻。」
聲明提到，裁決為監管機構提供更清晰指引，亦釐清當局監管傳媒以及傳媒製作節目時須跟從的原則。
就監管機構而言，判斷廣播機構是否違規的決定性因素，是曾否合理地努力核實，而非該事實內容最終是否準確；核實的義務亦僅適用於事實內容；禁止侮辱個人或群體的規定，監管機構亦需區分評論針對的是「行為」還是「地位」。
22 Apr 2025法庭線#6717
鄭嘉如私人檢控前僱主《華爾街日報》 指律政司仍需時考慮是否介入、押後7.2再訊
Less than a month after Cheng Ka-yu was elected chairwoman of the Hong Kong Journalists Association last year, she was dismissed by The Wall Street Journal (WSJ) on the grounds of “job restructuring”. Cheng believes she was dismissed because of her participation in a trade union and initiated a private prosecution (see the “Law 101” article), charging her employer with two offences related to “preventing employees from participating in a trade union”. The case was heard at the Eastern Magistrates’ Courts on Tuesday (22nd).
Cheng Ka-yu did not appear in court and was represented by barrister Azan Aziz Marwah, while the defendant was represented by senior counsel Vinci Wing Sai Lam. The Department of Justice was represented by Assistant Director of Public Prosecutions Chan Wan-ting. Records show that Chan is attached to the Departmental Prosecutions/Human Rights section under the Policy and Administration branch of the Prosecutions Division. Azan Aziz Marwah said the Department of Justice had applied for a further eight-week adjournment to consider whether to intervene in the case.
Azan Aziz Marwah added that after discussions with the defendant’s senior counsel Vinci Wing Sai Lam, the defence requested a 10-week adjournment, saying it believed this would be enough time for the Department of Justice to “nail the colour to the mast” and would also allow the company to ensure that all “unused materials” had been gathered. Chief Magistrate Don Man Lung So accordingly adjourned the case to July 2 for a further mention.
香港記者協會主席鄭嘉如去年當選不足一個月，便遭《華爾街日報》（WSJ）以「職位重組」為由解僱。鄭認為自己是因參與工會而遭解僱，提出私人檢控（參看《法律101》文章），控告僱主兩項「阻止僱員參與工會」有關的控罪；案件周二（22 日）在東區裁判法院提堂。
鄭嘉如沒有到庭，由大律師馬亞山代表，被告方由資深大律師林穎茜代表。律政司一方由助理刑事檢控專員陳韻婷列席。翻查資料，陳韻婷隸屬刑事檢控科「政策及政務」下的「部門檢控／人權」部門。馬亞山指律政司提出申請，望進一步押後 8 周，以考慮會否介入本案。
馬亞山續指，他們與被告方資深大狀林穎茜討論後，對方提出要求押後 10 周，稱認為夠律政司「明確表態」（nail the colour to the mast），亦能讓公司一方確保集齊所有「未經起用物料」（unused materials）。主任裁判官蘇文隆遂應要求，押後至 7 月 2 日再訊。
28 Sept 2024集誌社#4092
立場案判刑｜記協聲明指兩人因新聞工作被定罪 鄧炳強：唔好誤導市民 李家超指裁決清晰對新聞自由保障
Secretary for Security Chris Tang Ping-keung today (28th) responded to the verdict in the case in which Stand News was accused of sedition, citing the court judgment as saying that Stand News was not a genuine news media outlet and had used fake news to incite hatred of the government among the public. The Hong Kong Journalists Association earlier responded to the sentencing by saying that the conviction and sentencing of the two journalists, Chung Pui-kuen and Lam Shiu-tong, and Stand News for their journalistic work had caused irreversible harm to Hong Kong’s news industry. Tang said: “The court judgment made it very clear that these people were not genuinely engaged in news work. I hope these people and organisations will stop using such tactics to mislead Hong Kong citizens.” Chief Executive John Lee Ka-chiu said the court’s ruling gave everyone a clearer understanding of the protection of press freedom.
保安局局長鄧炳強，今（28日）回應《立場新聞》被指煽動案的判決，引述法庭判詞指，《立場新聞》並非真正的傳播媒體，用假消息煽動市民對政府憎恨。香港記者協會早前回應判刑指，兩名新聞工作者鍾沛權及林紹桐及《立場新聞》，因新聞工作而被定罪、判刑，已對香港新聞業界造成不可逆轉的傷害。鄧炳強指，「法庭判詞講得好清楚，呢啲人呢，並非真正從事新聞工作。我希望呢啲人士、組織，唔好再用呢啲技倆，誤導香港市民」。行政長官李家超表示，法庭裁決讓大家更清晰新聞自由的保障。
26 Sept 2024法庭線#4081
《立場》案｜港府稱裁決彰顯公義 傳媒組織稱反映風險、定下危險案例
In the case against Stand News over conspiracy to publish seditious publications, District Court Judge Kwok Wai-kin found former editor-in-chief Chung Pui-kuen, acting editor-in-chief Lam Siu-tung and the company behind Stand News guilty. On Thursday (26th), Chung was sentenced to 21 months in prison and Lam to 11 months; in view of Lam’s medical condition, however, he was given a sentence that, after deduction of time spent on remand, allowed for his immediate release.
The Hong Kong Government issued a statement in the evening in response to the sentences, describing the verdict as “demonstrating justice” and accusing anti-China organisations, politicians and foreign media of “malicious smearing”. It stressed that journalists may freely make fact-based comments or criticisms and need not fear inadvertently breaking the law. The Hong Kong Journalists Association said in a statement that the judgment showed that the risks faced by journalists were “plain to see”. Reporters Without Borders said the judgment “sets a dangerous precedent” and urged the authorities to release Chung Pui-kuen as soon as possible.
《立場新聞》被控「串謀發布煽動刊物」罪一案，區院法官郭偉健裁定前總編輯鍾沛權、署任總編輯林紹桐，以及《立場》所屬公司罪成，周四（26 日）判鍾沛權監禁 21 個月，林紹桐 11 個月；惟因應林的病情，改判處扣減還押日數後可即時釋放的刑期。
港府晚上發稿回應判刑，形容裁決「彰顯公義」，批評有反華組織、政客及外媒「惡意抹黑」，強調新聞工作者可以自由作出基於事實的評論或批評，無須擔心會誤墮法網。香港記者協會發聲明指，判決反映了新聞工作者的風險「擺在眼前」；無國界記者認為判決「定下危險的案例」，敦促盡快釋放鍾沛權。
24 Sept 2024法庭線#4074
記協司法覆核運輸署收緊記者查車牌 質疑干預新聞自由 法官3個月內頒判詞
The Hong Kong Journalists Association (HKJA) earlier filed a judicial review application in the High Court challenging new arrangements introduced by the Commissioner for Transport this January for searches of vehicle-registration records. It argued that the arrangements were inconsistent with the principles of freedom of expression and press freedom, and asked the court to rule that the Transport Department’s current policy was unconstitutional. The case was heard at the High Court on Tuesday (the 24th). After hearing submissions from both sides, Judge Ko Ho-man said he would hand down his judgment within three months.
The HKJA argued that the Transport Department’s new policy was inconsistent with the judgment in the “Choy Yuk Ling, Bao case” and interfered with press freedom. The department said it was concerned that vehicle owners’ personal data could be misused, but the Personal Data (Privacy) Ordinance already provided a balance, and refusing to provide the information to journalists was unreasonable.
The Transport Department argued that journalists themselves had no right to obtain personal data, and that the department had a responsibility to safeguard the information it collected from vehicle owners. After the new measures took effect, searches by NOW TV and The Collective relating to the 7.21 Yuen Long incident were both refused. They challenged the refusals and questioned the department’s delay in processing the applications. The department said multiple news organisations had applied for searches on the same day the measures took effect in a deliberate simultaneous test of the new mechanism. It also said the 7.21 incident occurred in 2019 and was not an emergency or reporting involving significant news value.
香港記者協會（記協）早前入禀高等法院提司法覆核，挑戰運輸署署長今年 1 月就車牌查冊實施的新安排，指運輸署安排與言論自由及新聞自由原則不一致，要求法庭裁定運輸署現行政策違憲。案件周二（24 日）於高院聆訊。法官高浩文聽畢雙方陳詞，將於 3 個月內頒下判詞。
記協一方認為，運輸署的新政策與「蔡玉玲案」判決相違背，干預新聞自由。署方稱擔心車主個人資料被濫用，但目前已有《個人資料(私隱)條例》作出平衡，拒絕向記者提供資料並不合理。
運輸署一方則指，記者本身無權取個人資料，署方收集車主資料，有責任把關。至於新措施實施後，《NOW TV》及《集誌社》針對 7.21 元朗事件查冊均被拒，曾提出挑戰並質疑署方延誤處理，署方指，多間新聞機構均於措施生效同日申請查冊，刻意同步測試新機制，又指 7.21 事件發生於 2019 年，並非緊急及涉重大新聞價值的報道。
29 Aug 2024獨媒#3973
【立場案】記協：判決證香港新聞自由嚴重倒退
The two former chief editors of Stand News, Chung Pui-kuen and Lam Siu-tong, were found guilty today of conspiracy to publish seditious publications. In a statement, the Hong Kong Journalists Association said the case clearly reflected the decline of press freedom in Hong Kong. It said the Stand News case had already caused irreversible harm to Hong Kong’s journalism industry before the verdict.
《立場新聞》兩位前總編輯鍾沛權和林紹桐，今日被判串謀發布煽動刊物罪名成立。記協發聲明，指案件明確反映香港新聞自由衰落。在裁決前，立場案亦已對香港新聞業界造成不可逆轉的傷害。
17 Apr 2024集誌社#3366
查車牌｜記協入稟指運輸署違憲 高院批司法覆核許可
The Transport Department announced in early January that it would tighten access to vehicle registration records. Applications to search vehicle registration details for reasons including journalistic purposes would only be allowed through “exceptional circumstances”, with the Director of Transport acting as the gatekeeper. The Hong Kong Journalists Association filed a judicial review application in the High Court in early April, asking the court to rule that the new arrangement was unconstitutional. High Court Judge Ko Ho-man issued written reasons today granting leave for the judicial review. The hearing will be scheduled no earlier than 8 July, with the date to be provided by the lawyers for both sides within two weeks.
運輸署 1 月初宣布收緊車輛查冊，因新聞用途等原因查車牌只能透過「例外情況」申請，由運輸署長「把關」。記協在 4 月初入禀高等法院，司法覆核運輸署新安排，要求法庭裁定有關政策違憲。高等法院法官高浩文今頒布書面判詞批出司法覆核申請許可，聆訊排期不早於 7 月 8 日，日子待雙方律師於兩周內提供檔期。
Translations are supplied by the source workbook. Consult the original reporting for context.
