A Hong Kong court has found Dow Jones Publishing Co. (Asia) Inc., the publisher of The Wall Street Journal, guilty of attempting to prevent one of its reporters from taking a leadership role in a local press union. The company was acquitted, however, on a charge that it fired the reporter because of her union activities.
The case was initiated as a private prosecution by former Wall Street Journal reporter Selina Cheng, who also chairs the Hong Kong Journalists Association. Cheng lost her job in July 2024. The ruling comes amid heightened concerns about media freedom in Hong Kong, where authorities have previously cracked down on pro-democracy media and political dissent. The Hong Kong Journalists Association has faced criticism from the government.
During the trial, Cheng testified that her supervisor had informed her that her participation in a union election was problematic and that management in New York and Dow Jones’ in-house lawyers needed to discuss the issue. She stated she was told her union role would be incompatible with her employment.
Principal Magistrate David Cheung cited the company's requirement for approval before Cheng ran for the union leadership as a key factor in the conviction. The magistrate noted that the election did not occur during working hours.
However, the court found that the defense had established sufficient reasonable doubt regarding the charge of dismissal due to union activities. The defense had argued that Cheng's termination was a result of redundancy.
Dow Jones pleaded not guilty to two charges under Hong Kong's Employment Ordinance. Each charge carries a maximum fine of 100,000 Hong Kong dollars (approximately $12,750). The first charge alleged the company prevented or deterred Cheng from exercising her union participation rights, while the second alleged her termination was for exercising those rights.
Dow Jones stated it respectfully disagrees with the ruling and is reviewing its next steps. The company emphasized its long history in Hong Kong, its respect for local labor laws, and its support for employees' rights. "Throughout that time, we have remained deeply respectful of its labor laws and supportive of our employees’ rights, while publishing excellent, impartial journalism about the region,” a statement read.
The magistrate did not find that Cheng's private prosecution was motivated by any improper purpose. Sentencing is scheduled for a later date.
Cheng expressed that the magistrate was fair and that the case has raised awareness of union suppression in Hong Kong. She hopes employers will understand that employees do not require their consultation before joining a union. Cheng also stated that reporters' rights as employees are crucial for media freedom, adding, "The right for us to work without worry, without stress, without risk is the foundation of Hong Kong’s press freedom, more than anything else."
Cheng indicated she would discuss with her legal team whether to appeal the acquittal on the dismissal charge. Her termination in 2024 had raised alarm among journalists, particularly as foreign outlets have historically faced less pressure than local news organizations in Hong Kong.
Following Beijing's imposition of a national security law in 2020, prominent local news outlets Apple Daily and Stand News were forced to cease operations after their senior management was arrested. Jimmy Lai, the founder of Apple Daily, received a 20-year prison sentence in February, with his staffers receiving sentences ranging from six years and nine months to 10 years. Hong Kong's ranking on Reporters Without Borders’ World Press Freedom Index has declined significantly, falling to 140th out of 180 countries and territories in the latest report, down from 18th in 2002.