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。
7 Nov 2025法庭線#7507
鄭嘉如私人檢控前僱主《華爾街日報》 辯方申押後審訊遭拒 如期12.18開審
Hong Kong Journalists Association chairperson Cheng Ka-yu was dismissed by The Wall Street Journal (WSJ) less than a month after being elected last year, on the grounds of a “position restructuring”. Cheng believes she was dismissed because of her participation in a trade union and has brought a private prosecution against her employer on two charges related to preventing employees from participating in a trade union. The case was heard again at the Eastern Magistrates’ Courts on Friday (the 7th), when the defence entered a formal plea. Cheng pleaded not guilty and will stand trial.
The defence said it needed to replace its legal team and alleged that the prosecution was unwilling to provide information including the defendant’s conviction record and the locations of key witnesses. It said that if key witnesses were not in Hong Kong when the alleged offences took place, this would affect the court’s jurisdiction. The defence therefore applied to reschedule the trial and to deal with the admissibility of some exhibits before the trial began. The prosecution said it had no way to obtain the relevant records and argued that the information should be in the defence’s possession, maintaining that there was no basis for an adjournment. Magistrate Kow Wai-hung also questioned whether the defence was engaging in “fishing” for evidence, rejected the application to adjourn, and ruled that the trial would begin as scheduled on Dec. 18.
香港記者協會主席鄭嘉如，去年當選後不足一個月，遭《華爾街日報》（WSJ）以「職位重組」為由解僱。鄭認為自己因參與工會而遭解僱，私人檢控僱主兩項「阻止僱員參與工會」有關控罪。案件周五（7 日）在東區裁判法院再訊，辯方正式答辯，不認罪受審。
辯方指須更換律師團隊，又指控方不願提供被告定罪紀錄、關鍵證人所在地等資料，提到若關鍵證人案發時不在港，將影響法庭的司法管轄權，遂申請重新排期審訊，並於開審前先處理部分證物可否呈堂。控方則指，他們無從取得相關紀錄，反指這些資料應在辯方手中，認為沒基礎押後。裁判官高偉雄亦質疑，辯方是「試探式（fishing）」取證，拒絕押後，案件將如期在 12 月 18 日開審。
23 Jul 2025法庭線#7078
鄭嘉如私人檢控前僱主《華爾街日報》 僱主擬不認罪料將爭議電話對話證物鏈
Less than a month after Hong Kong Journalists Association chairperson Cheng Ka-yu was elected last year, she was dismissed by the Wall Street Journal (WSJ) on the grounds of “position restructuring”. Cheng believes she was dismissed because of her participation in a trade union and has privately prosecuted her employer on two charges related to “preventing employees from participating in a trade union”. The case was mentioned again at the Eastern Magistrates’ Courts on Wednesday (23rd), where the employer’s side indicated that it intended to plead not guilty. Cheng’s side also said that the employer had indicated it would challenge the chain of evidence concerning a telephone conversation in the draft agreed facts.
Acting Principal Magistrate Chi Wai (1965) Cheung adjourned the case to 18 December for a four-day trial in English. It will be mentioned again on 7 November, when the defendant will formally enter a plea.
香港記者協會主席鄭嘉如去年當選後不足一個月，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，私人檢控僱主兩項「阻止僱員參與工會」有關控罪。案件周三（23 日）在東區裁判法院再訊，僱主一方擬不認罪。另外，鄭一方提及，僱主方表示將爭議草擬承認事實中，有關電話對話的證物鏈。
署理主任裁判官張志偉將案件押後至 12 月 18 日，進行 4 天英文審訊；另於 11 月 7 日再提訊，屆時將正式答辯。
2 Jul 2025法庭線#6983
鄭嘉如私人檢控前僱主《華爾街日報》 律政司不介入 辯方去信問原因
Less than a month after being elected chairperson of the Hong Kong Journalists Association last year, Cheng Ka-yu was dismissed by The Wall Street Journal (WSJ) on the grounds of “restructuring of the position”. Cheng believes she was dismissed because of her participation in a trade union and is privately prosecuting her employer on two charges related to “preventing employees from participating in a trade union”. The case was mentioned again at the Eastern Magistrates’ Courts on Wednesday (2nd).
The defence confirmed that the Department of Justice would not intervene in the case, saying it had written to the Department to ask for the reason and was considering applying for judicial review. Cheng KaAs One’s side said the defence had sufficient time to consider its plea and that it was also ready for trial. The magistrate ultimately adjourned the case to 23 July for a further hearing, saying that the defence would have to indicate its plea then, regardless of whether it had applied for judicial review.
香港記者協會主席鄭嘉如去年當選後不足一個月，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，私人檢控僱主兩項「阻止僱員參與工會」有關控罪，案件周三（2 日）在東區裁判法院再訊。
辯方確認，律政司不會介入本案，指已去信律政司詢問理由，並考慮提出司法覆核。鄭嘉如一方指，辯方有足夠時間考慮答辯，其亦已準備好審訊。官最終將案件押至 7 月 23 日再訊，指辯方屆時無論是否提出司法覆核，都要提出答辯意向。
30 Jun 2025法庭線#6967
鄭嘉如私人檢控前僱主《華爾街日報》 鄭代表律師發文指律政司確認不介入
Less than a month after Cheng Ka-yu was elected chair of the Hong Kong Journalists Association last year, she was dismissed by The Wall Street Journal (WSJ) on the grounds of “position restructuring”. Cheng believes she was dismissed because of her participation in a trade union and initiated a private prosecution (Legal 101). The Department of Justice had considered whether to intervene in the case.
Cheng’s lawyer, Adam Clermont, wrote online earlier that the Department of Justice had confirmed it would not intervene in the case. He described the department’s decision as allowing “our work to seek justice to proceed smoothly”. The case will return for a hearing this Wednesday (2 July).
香港記者協會主席鄭嘉如去年當選後不足一個月，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（法律 101）。律政司曾考慮是否介入本案。
鄭的代表律師 Adam Clermont 早前在網上發文指，律政司確認不會介入本案。他形容律政司的決定「使我們追討公義的工作能夠順利進行」。案件將於本周三（7 月 2 日）再訊。
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。
Translations are supplied by the source workbook. Consult the original reporting for context.
