PEN HK Report 1.16 Lowres

8/10/2019 PEN HK Report 1.16 Lowres

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ENCROACHMENTS ON

PRESS FREEDOM IN

HONG KONG

THREATENEDHARBOR


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Threatened Harbor

Encroachments on Press Freedom in Hong Kong

January 16, 2015

PEN American Center 2015

All rights reserved

PEN American Center is the largest branch of PEN International, the

worlds leading literary and human rights organization. PEN works in

more than 100 countries to protect free expression and to defend writers

and journalists who are imprisoned, threatened, persecuted, or attacked

in the course of their profession. PEN Americas 3,700 members stand

together with more than 20,000 PEN writers worldwide in internationa

literary fellowship to carry on the achievements of such past members

as James Baldwin, Robert Frost, Allen Ginsberg, Langston Hughes

Arthur Miller, Eugene ONeill, Susan Sontag, and John Steinbeck

For more information, please visit www.pen.org.

Cover photograph: Gareth Hayes, Creative Commons
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CONTENTS

Introduction 4

Report Framework and Methodology 6

Legal Framework 7

Challenges to Press Freedom in Hong Kong 9

Physical Assaults on Journalists 9

Attacks on and Obstruction of Media During the Pro-Democracy Protests 11

Threats to Free Expression Online 14

Politically Motivated Censorship and Removal of Media Figures 17

Politically Motivated Economic Pressures on Media Outlets 20

Recommendations 22

References 23

Appendix: Alleged Incidents of Violence Against Journalists During

the 2014 Pro-Democracy Protests As Reported to the Hong Kong

Journalists Association 23


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4 PEN AMERICAN CENTER

INTRODUCTION

Hong Kong has long enjoyed a vibrant, diverse, and independentmedia and a unique position as a window into mainland China.Local and foreign correspondents make use of Hong Kongsunique geopolitical position, cosmopolitanism, and strongprotections for freedom of expression to report on news fromHong Kong, mainland China, and the greater Asia region, freefrom the harsh constraints and censorship that stifle mainland

media outlets and journalists. Hong Kong is home to manyof Asias largest circulation Chinese and English languagenewspapers, websites, and magazines. In the years since the1997 handover of Hong Kong from the United Kingdom tomainland China, the media sector has continued to thrivedespite some signs of gradual constraint. The deteriorationof press freedom has accelerated significantly over the pastyear, coinciding with a time of political crisis in Hong Kongand growing questions about the future of its unique politicalstatus and relationship to China.

Hong Kongs stature as a bastion of press freedom in Asiais all the more important as the already dire situation for

independent journalists, editors, and intellectuals based inmainland China continues to deteriorate. Independent jour-nalists, publishers, and commentators on the mainland facethreats, harassment, attacks, and imprisonment for their work;censorship is ubiquitous, and foreign correspondents and newsoutlets are increasingly restricted in their ability to report onsensitive topics, subject to reprisals involving journalist visasand the accessibility of their websites within China.1Theworld knows much more about China today due to the stillvibrant investigative reporting carried out from Hong Kong.While the environment for press freedom in Hong Kong isfundamentally different and far more open than in mainlandChina, multiple and increasing signs of encroachment on press

freedom demand attention.When the British returned Hong Kong to Chinese control,

part of the handover agreement stipulated that Hong Kongwas to enjoy a high degree of autonomy to manage domesticaffairs under a one country, two systems framework for 50years.2The Joint Declaration, a 1984 treaty promising continuedprotections for basic human rights in Hong Kong signed byChina and Britain and registered at the United Nations, explicitlyguarantees that press freedom will be protected following thehandover.3The Basic Law, Hong Kongs mini-Constitution

passed in 1990 by the Chinese National Peoples Congress, alsoexplicitly protects the rights of Hong Kongs residents throughthe year 2047, including the freedom of speech, freedom othe press, and freedom of assembly.

In September 2014,thousands of studentslaunched what would

become months ofpublic demonstrationson the streets of Hong

Kong, spreading amessage of protest infavor of democracy

over the internet, andin traditional news

publications.

The people of Hong Kong have shown the will to fighfor the rights and freedoms to which they are legally entitledIn September 2014, thousands of students launched whatwould become months of public demonstrations on the streetof Hong Kong, spreading a message of protest in favor ofdemocracy over the internet, and in traditional news publications. Social media and websites provided commentary andnews updates as members of the public occupied the streets


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THREATENED HARBOR: ENCROACHMENTS ON PRESS FREEDOM IN HONG KONG 5

of Admiralty, Mong Kok, and Causeway Bay,calling for the 2017 election for Hong KongChief Executive (the head of government)to satisfy the international standards inrelation to universal suffrage.4Observersand protestors alike posted pictures, video,and text across the internet. The Wall StreetJournalcalled the protests, often referred toin the media as Occupy Central with Loveand Peace or the Umbrella Movement,

the boldest challenge to Chinese authori-tarianism in a quarter century.5

While the freewheeling nature of theHong Kong pro-democracy protests and theirwidespread coverage by local and global pressreflected a free and committed press corps hardat work, a closer examination of trends overthe last few years reveals a growing climateof insecurity for the media driven by severalfactors: physical assaults on journalists, attacks

on and obstruction of media covering theprotests, growing threats to freedom of expres-sion online, politically influenced leadershipchanges and censorship at media outlets, andthe withdrawal of advertising from papersconsidered critical of Beijing.

After warning that freedom of expressionin Hong Kong faced new threats in 2013, theHong Kong Journalists Association wrotein their 2014 Annual Report that June 2013

through July 2014 was the darkest for pressfreedom [in Hong Kong] for several decades.6Notably, the organization called this yearthe worst on record for press freedom evenbefore the pro-democracy protests raised newconcerns about attacks on journalists, allegedpolice obstruction of media, cyber attacks on anunprecedented scale, and the troubling use ofgeneral criminal laws to target pro-democracyspeech online.

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REPORT

FRAMEWORK

ANDMETHODOLOGY

This report begins with a brief overview ofpress freedom under Hong Kong law andinternational human rights law, outlining theobligations of the Hong Kong government.The report then analyzes several key issuescontributing to a climate of growing insecurityfor press freedom in Hong Kong: physical as-saults on journalists, attacks on and obstruction

of media covering the 2014 pro-democracyprotests, growing threats to freedom of expres-sion online, politically motivated leadershipchanges and censorship at media outlets, andthe withdrawal of advertising from papersconsidered critical of Beijing.

This report is based on a review of newsreports and reports from civil society orga-nizations discussing press freedom in HongKong; news reports, video recordings, andphotographs documenting the pro-democracyprotests in 2014, and in-person interviews and

email conversations with journalists, mediaexecutives, political officials, and media lawexperts. Requests for comment and informationmade to Hong Kong police and prosecutors,and to several political officials, had not beenreturned by the time of publication.The officeof the Secretary for Home Affairs declined ameeting with PENs researchers.

Most of the journalists interviewed, bothforeign correspondents and local journalistswriting in Chinese or English, requested toremain anonymous due to fear of professionalrepercussions.


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LEGAL FRAMEWORK

The right to freedom of expression, which includes freedomof speech, freedom of the press, and freedom of assembly,is protected both under Hong Kong law and internationallaw. Together, the Basic Law of the Hong Kong S.A.R. (theBasic Law), the Hong Kong Bill of Rights Ordinance (Bill ofRights Ordinance), and the International Covenant on Civiland Political Rights (ICCPR) form a protective legal shieldto safeguard press freedom in Hong Kong.

The Right to Freedom of Expression under

Hong Kong Law

The Basic Law serves as the constitutional document of HongKong.7As such, the Basic Law establishes Hong Kongs es-sential political and legal principles, prescribes the powers andduties of the government, and guarantees specific rights forits citizens.8Freedom of the press is enshrined in Article 27of the Basic Law, which provides:

Hong Kong residents shall have freedom of speech,

of the press and of publication; freedom of association,of assembly, of procession, and of demonstration; andthe right and freedom to form and join trade unions,and to strike.9

Article 39 of the Basic Law requires Hong Kong to enactlaws to give the International Covenant on Civil and PoliticalRights effect under domestic law, and the 1991 Bill of RightsOrdinance expressly incorporates the ICCPRs provisions intoHong Kong law.10Article 16 of the Bill of Rights Ordinance isidentical to Article 19 of the ICCPR; both state, in relevant part:

Everyone shall have the right to freedom of expression;

this right shall include freedom to seek, receive, andimpart information and ideas of all kinds, regardlessof frontiers, either orally, in writing, or in print, in theform of art, or through any other media of his choice.11

Furthermore, as noted above, the Sino-British Joint Dec-laration, a 1984 treaty promising continued protections forbasic human rights in Hong Kong signed by China and Britain,explicitly guarantees that press freedom will be protected inHong Kong following the handover.12

The Right to Freedom of the Press under

International Law

Article 19 of the International Covenant on Civil and PoliticalRights (ICCPR) protects the right to freedom of expression,including the right to freedom of the press.13The UnitedNations Human Rights Committee, the body that providesauthoritative interpretations of the ICCPRs provisions, has

explicitly recognized the value of a free press to an open society:

A free, uncensored, and unhindered press or othermedia is essential in any society to ensure freedom ofopinion and expression and the enjoyment of otherCovenant rights. It constitutes one of the cornerstonesof a democratic society. The free communication ofinformation and ideas about public and political issuesbetween citizens, candidates, and elected representativesis essential. This implies a free press and other mediaable to comment on public issues without censorship orrestraint and to inform public opinion. The public also

has a corresponding right to receive media output.

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The Human Rights Committee has affirmed that the rightto freedom of expression in the ICCPR protects both the dis-semination of news and the process of newsgathering.15TheCommittee has also noted that freedom of the press appliesbroadly, as journalism may be performed not only by profes-sional full-time reporters, but also by bloggers and others whoengage in forms of self-publication in print, on the internet,or elsewhere.16It has further acknowledged the increasingimportance of online media, urging parties to the ICCPR totake all necessary steps to foster the independence of these newmedia and to ensure access of individuals thereto.17

Permissible Restrictions on Freedom of

Expression under the ICCPR

Freedom of expression, including freedom of the press, maybe subject to certain restrictions under international law,but these are strictly limited.18Limitations on press freedomimplemented in the name of protecting public order mustsatisfy certain conditions, as the Human Rights Committeehas explained:

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It is for the State party to demon-strate the legal basis for any restrictions

imposed on freedom of expressionWhen a State party invokes a legitimateground for restriction of freedom ofexpression, it must demonstrate inspecific and individualized fashion theprecise nature of the threat, and thenecessity and proportionality of thespecific action taken, in particular byestablishing a direct and immediateconnection between the expressionand the threat.19

The Committee has further specified that

[t]he penalization of a media outlet, publishersor journalists solely for being critical of thegovernment or the political social systemespoused by the government can never beconsidered to be a necessary restriction offreedom of expression.20

Under most circumstances, deliberateinterference with newsgathering violatesinternational law. According to the HumanRights Committee, restrictions on journalists

movement are rarely justified, and the Com-mittee has noted specifically that journalists

access to conflict-affected locations, the sitesof natural disasters and locations where thereare allegations of human rights abuses shouldnot be restricted.21Furthermore, the Com-mittee states that attacks against journalists orothers involved in monitoring potential abusesof human rights, including physical assaultsarbitrary arrests, threats, and intimidationshould be vigorously investigated and theperpetrators should be prosecuted.22

Under Hong Kong law, generally speakingthe media may cover events happening inpublic places without seeking prior permission

Although the police are equipped with widepowers to keep public order, allowing themto take certain measures to regulate publicassemblies, in recent years several complaintshave been made to the Hong Kong PoliceForces internal review unit regarding policeinterference with newsgathering activities apublic demonstrations, and a number of thesecomplaints have been found to be substantiatedby the review unit.23


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CHALLENGES TO

PRESS FREEDOMIN HONG KONG

Physical Assaults on Journalists

Hong Kong has seen a sharp escalation in violent attacks onthe media in recent years, with the trend continuing through2014 and into 2015.

Hong Kong saw 11 reported cases of assaults on journalistsbetween July 2012 and June 2013 and six reported assault casesbetween July 2013 and June 2014.24The physical attacks betweenJuly 2012 and June 2014 included an attack on a South ChinaMorning Post (SCMP)photographer while she was coveringa story on parallel importers (traders who buy stock tax-freein Hong Kong to resell in mainland China); the beating of a

NOW TV cameraman by a participant at a pro-governmentdemonstration; the threatening of a New Tang Dynasty Tele-vision reporter with a knife; an attack on the publisher of thepolitical weekly iSun Affairs; the ramming of a car into thefront gate of the home of Next Medias owner, Jimmy Lai; anassault on a Sharp Dailyreporter in Central; and an attack onthe owner of the free newspaper am730.25

Notably, arrests were reported only in the cases involving theattack on the SCMPphotographer and the beating of the NOWTV cameraman.26In both of these cases the defendants wereconvicted of common assault, fined HK$1,000 (equivalent toapproximately US$125) and given community service orders.27

2014 began with a brutal, near-fatal attack on veteran Hong

Kong journalist and formerMing Pao Daily Newseditor KevinLau.Ming Paois a Chinese-language newspaper generally rec-ognized for its critical reporting on the government as well asits reliability and professionalism. During Mr. Laus two-yeartenure as chief editor ofMing Pao, the newspaper had investi-gated Hong Kongs chief executive for a reported illegal glasscanopy extension attached to his private residence;28coveredthe mysterious death of mainland dissident, Li Wangyang, whohad served over twenty years in prison for his participation inthe Tiananmen Square protests of 1989;29and participated

in an investigation by the Washington-based International

Consortium of Investigative Journalists into offshore bankaccounts held by relatives of several senior mainland Chineseleaders.30As an editor, Mr. Lau was known for resistingpressure from the invisible hands who try to meddle in thenewsroom at critical moments.31In January 2014,Ming Paoremoved Mr. Lau from his post as chief editor and replacedhim with a Malaysian editor viewed as pro-Beijing.32Thisincident is discussed in detail below.

Mr. Lau was attacked on February 26, 2014, only threedays after thousands of journalists and free speech advocates

Once people see anattack on a journalist

and nobody getspunished, people say

Okay, its open season on

journalists.If people canattack journalists andget away with it, it gives

other people permissionto do the same.


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marched in Hong Kong to protest the erosionof press freedom and free expression.33Anunknown assailant attacked Mr. Lau as he gotout of his car near a neighborhood restauranthe frequently visited in Sai Wan Ho, HongKong.34Police sources reportedly describedthe attack as designed to maim, not kill, to

send a warning.

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Mr. Lau was admitted tothe hospital in critical condition with multipledeep stab wounds to his back and legs,36andwas unable to return to his work until August2014.37Doctors informed him it could take upto two years to fully recover from the woundsinflicted in the attack.38Hong Kongs ChiefExecutive and Legislative Council both publiclycondemned the attack.39

By March 15, 2014, Hong Kong policehad arrested eleven people in connection withthe attack on Mr. Laubut none thoughtto have ordered the assault.40 Nine of the

eleven suspects were released on bail, withtwo suspects from mainland China remainingin police custody pending further inquiry.41At the time of the arrests, Hong Kong Po-lice Commissioner Andy Tsang Wai-hungannounced there was no direct evidence tolink the attack with Mr. Laus professionalwork as a journalist.42The media communitycriticized Mr. Tsangs remarks and expressedconcern that they indicated police bias ahead

of the trial.43In its 2014 Annual Report, theHong Kong Journalists Association pointedto unresolved prior attacks on the media in1985, 1994, 1996, 1998, and 2013, callinginto question whether at the end of the daythe suspects in the Kevin Lau case will everbe convicted and in particular whether the

mastermind behind the attack will ever facetrial.44PEN understands that the two indi-viduals still in police custody will go to triain July 2015.

The attack on Kevin Lau was followed by asimilar incident just weeks later. On March 192014, four men attacked two senior executiveswith the Hong Kong Morning News MediaGroup, a newly registered media companyformed by a group of veteran Hong Kongjournalists.45The group was planning to launcha new Chinese language newspaper, HongKong Morning News, later in the year, with the

organizers reported as stating, Hong Kongneeds a balanced paper with credibility amidthis media ecology.46The attackers struckdirector and vice-president Lei Iun-han andsenior executive Lam Kin-min with metal pipesoutside the Hong Kong Science Museum inTsim Sha Tsui in broad daylight.47The pairwere taken to the hospital where they receivedtreatment for injuries to their arms and legsJames To Kun-sun, the deputy chairman o


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the Legislative Councils Panel on Security, which monitorsand examines government policies and issues related to publicsafety, told the South China Morning Postthere was reason tobelieve the pair was targeted because of their editorial work.48Occurring so soon after the brutal attack on Kevin Lau, theattack on the two senior executives drew international con-demnation and concern regarding the status of press freedom

in Hong Kong.49Four individuals have been arrested andcharged in connection with this case, and all four have pled notguilty.50The case was still pending at the time of this reportspublication.51The Hong Kong Morning News Media groupclosed down in May 2014.52

These physical attacks send a chilling message to journalistsand press freedom advocates in Hong Kong. Ten months afterthe attack on Kevin Lau, journalists and advocates interviewedfor this report continued to refer to it as a source of fear. FrancisMoriarty, a founder of the Human Rights Press Awards at theForeign Correspondents Club, emphasized the need for thegovernment and police to pursue violent attacks on the presswith immediacy and urgency, stating, Once people see an

attack on a journalist and nobody gets punished, people sayOkay, its open season on journalists. If people can attackjournalists and get away with it, it gives other people permis-sion to do the same.53

Attacks on and Obstruction of Media During

the Pro-Democracy Protests

1. Attacks by Unidentified Assailants During Protests

Attacks on the media by unidentified assai lants continuedduring the pro-democracy protests, sometimes referred to asthe Umbrella Movement due to protesters use of umbrellas

to deflect police tear gas and pepper spray. During the pro-tests, media tycoon and pro-democracy supporter Jimmy LaiChee-ying, as well as Mr. Lais company, Next Media, werethe target of multiple attacks by anti-Occupy protestors. NextMedia was founded after the crackdown in China in 1989, andis known for its strong pro-democracy stance and criticismof successive Hong Kong government officials. Its flagshipnewspaper,Apple Daily, is one of the most widely circulatednewspapers in Hong Kong and is known for its critical coverageof Beijing.54Apple Dailyopenly supported Occupy Central andprovided extensive coverage of students and other participants.55The Economistpraised the newspaper for its bold coverage ofpolitical discourse in Hong Kong during the summer of 2014

and characterized the paper as a lively tabloid accused bycritics of being a tool of radical activists.56Mr. Lai had alreadyfaced one unresolved attack on his home in June 2013. 57Anunknown assailant crashed a stolen vehicle through the gateof Mr. Lais home in Kowloon, leaving an axe and a machetebehind before speeding away.58

Attacks on Mr. Lai and his media company started tooccur well before Occupy protestors filled the streets ofAdmiralty, Mong Kok, and Causeway Bay. During the weekof June 16, 2014, just days ahead of an online referendum

organized by the independent website popvote.hk to collectpublic opinion on the 2017 election process, Apple Dailyswebsite experienced a cyber attack, crashing its website.59Mr. Lai publicly blamed Beijing for trying to silence voicessupporting the public vote.60On August 27, 2014, just beforeBeijing handed down a controversial decision on the electionprocess for the chief executive post for 2017, Hong Kongs

Independent Commission Against Corruption raided Mr.Lais home, alleging he made suspicious donations to pro-de-mocracy political groups in Hong Kong.61No charges havebeen filed against Mr. Lai.62

Anti-Occupy protestors attacked Mr. Lai and his mediacompany throughout the protests as Mr. Lai stepped up thepapers editorial backing andApple Dailys website providedlive coverage of the protests.63Anti-Occupy protestors sur-rounded theApple Dailyoffices for several days beginning onOctober 11, blockading the distribution of the newspaper.64Police responded after the media group complained, thoughno arrests were reported.65Hong Kongs High Court issuedan injunction against the anti-Occupy protestors on October

14. In response, the crowds reportedly tore up copies of theinjunction and continued to block newspaper distribution.66Police officers reportedly formed a human chain to separatethe protestors from theApple Dailystaff.67Next Media offi-cials ultimately hired a crane to lift the newspaper bundlesout over the protestors.68In an interview with Mark Simon, asenior executive at Next Media, Mr. Simon confirmed that, tohis knowledge, no arrests were made in connection with theblockade around Next Medias facilities, but also noted, Thepolice were very helpful We got an order to clear the areaaround our facilities and the police enforced the order. Whenthe police were there, the paper went out. The police officers

kept the street clear.

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Only one week after the blockade was cleared, maskedmen poured barrels of soy sauce over thousands of copies ofApple DailyandHeadline Daily, a newspaper owned by SingTao Corporation, that were waiting to be distributed in theearly morning hours of October 22.70Police were reportedlyseeking 14 suspects, but no arrests were reported.71Less thana month later, anti-Occupy protestors directly attacked Mr.Lai at the main protest site in Admiralty on November 12 bythrowing animal organs at him.72News sources report thatthe police arrested three men in connection with this attack.73

The attacks on Mr. Lai and Next Media have continuedinto 2015. At approximately 1:45 am on January 12, 2015,

two unidentified assailants hurled firebombs at the gates tohis private residence.74Five minutes later, attackers threwa similar firebomb at the gates of the Next Media offices. 75Two cars suspected to be used in the attacks were later foundtorched.76Police have reportedly identified four suspects in thecase.77In response to the attack, Secretary for Justice RimskyYuen confirmed the investigation is ongoing, and said it isnot appropriate to compare present cases involving peoplefrom the media with previous ones as each case has its owncircumstances.78


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Other pro-democracy media figures have also been attacked.On November 25, 2014, radio broadcaster and media entre-preneur Stephen Shiu Yeuk-yuen was attacked in his car justdays after calling on activists to find new ways to protest fromthe main stage at the Occupy protest site in Admiralty.79Mr.Shiu is the founder of Hong Kong Reporter, an internet radiostation, and Meme HK, another online radio station known for

its pro-democracy stance.80Mr. Shiu was reportedly attackedin a car ambush in which an unknown assailant smashed hiswindshield with a metal bar.81No arrests had been reportedat the time of publication. 82

In addition to attacks on high-profile media figures, theHong Kong Journalists Association recorded 24 alleged attackson journalists between the dates of September 22 and October29, 2014 in connection with the pro-democracy protests.83Theallegations include physical and verbal assaults by unidentifiedassailants, as well as by police, that threatened the safety ofmedia workers and caused media advocacy groups to questionpolice conduct.84A full list of the alleged attacks reported tothe HKJA is included in the Appendix to this report. These

attacks should be fully investigated, and where appropriate,those responsible should be held accountable.

Between October 3-4, 2014, at least ten separate attackson journalists by unidentified assailants were reported whena number of anti-Occupy protestors entered the Mong KokOccupy site and attempted to force out the protestors. Thealleged attacks reported to the HKJA include the following:

AMing Pao Newsphotographer reported a man punchedhis camera while he was filming the anti-Occupy pro-testors circling the pro-democracy protestors. Theflashlight on his camera broke away and could not be

found. The photographer was wearing his press ID andrepeatedly shouting, Calm down. I am a journalist.85

A journalist filming for Coconuts Media, an online newssite, was recording a group of men criticizing the pro-testors when one of the men slapped his camera andpunched him on the side of his head.86

A journalist with U Magazinereported a man hit herarm several times with a hard object. She reported thecase to the police after a hospital examination.87

In condemning the attacks in Mong Kok on October 3 and

4, 2014, the Foreign Correspondents Club, the HKJA, andthe International Federation of Journalists also criticized thepolice for allegedly failing to respond to the assaults and fulfilltheir responsibility to protect press safety.88

During an October 25 rally organized by the Blue RibbonMovement, known for its anti-protest stance, anti-Occupyprotestors attacked a number of journalists attempting toreport on the event:89

Hong Kong Television Broadcasting (TVB)s two

news cameramen and a journalist reported verbal andphysical abuse including being kicked and punched.9

The International Federation of Journalists reportedthat one of the cameramen was blocked and pulledfrom behind when he was trying to film a scuffle. Whenhis camera fell, he grabbed his assailant and asked the

police to prevent him from leaving, but the police didnot help. The cameraman said he was immediatelysurrounded and assaulted by up to 20 people.91

The International Federation of Journalists reportedan incident involving Radio Television of Hong Kong(RTHK) reporter Wong Wing-yin, stating that shewas asked to prove she was a journalist when she wastaking photos. Although Wong had already shown herpress card, anti-Occupy Movement protestors ignoredthis and snatched away her press card and backpackWhen she fell down, she was kicked on her leg andtorso. She was eventually escorted to safety by foreign

journalists.92

Six news unions and associations condemned the attacks.9

Media reported the police had arrested two suspects anddid not exclude making further arrests.94

2. Excessive Use of Force and Media Obstruction by

Police Before and During Protests

In addition to attacks on members of the media by uniden-tified assailants in 2014, several allegations of excessive use

These physical attackssend a chilling message to

journalists and

press freedom advocatesin Hong Kong. Ten

months after theattack on Kevin Lau,

journalists and advocatesinterviewed for this

report continued to referto it asa source of fear.


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of force by police and police interference with the mediawere reported during the pro-democracy protests . Theseincidents included pepper spraying journalists, hitting themwith batons, and arbitrary arrests of journalists. Given the sizeand duration of the protests, the small number of reportedincidents of police infringements on press freedom suggeststhat considerable restraint was exercised. Taken together,

however, these incidents suggest that Hong Kong police havenot been adequately trained on the rights of the press duringpublic demonstrations.

Among the alleged incidents that journalists reported tothe HKJA involving the police:95

On October 15, 2014, a cameraman for Social RecordChannel (SocREC), an online media portal, was reportedlydragged away by riot police while filming police effortsto clear protestors from the Tamar Garden protest site.Although he repeatedly waved his press identificationcard, police officers allegedly kicked and punched himand loaded him into a police van. He was released only

when an officer in the van recognized that he was ajournalist. The cameraman reportedly suffered injuriesto his face, neck, and left arm.96

On October 15, 2014, a photographer fromInMediaHKreported that a police officer pointed a bottleof pepper spray at him and told him to move back.Although the photographer followed the officersinstructions, the officer still directed pepper spray inhis face several times without giving any warning. Thephotographer reported that his arms were then twistedin an arm lock as the police removed him from the

scene. He repeatedly shouted that he was a memberof the press, to which the police responded, Yes, youare a journalist. So what? Even if you are a journalist,you are not allowed to get so close to film.97

On October 18, 2014, a police sergeant reportedlyordered an Oriental Daily journalist to move back.The journalist identified himself as a member of thepress, and the sergeant replied, So what? then used abaton to physically push the journalist, who fell down.The journalist again stated, I am a journalist. Calmdown. As the journalist tried to get up, he was peppersprayed by police.98

Other instances of alleged police interference with themedia reported by Hong Kong news outlets and by journalistsinterviewed for this report include:

On November 27, 2014, an SCMPreporter recordedpolice arresting an Apple Dailyphotographer at theOccupy protest site in Mong Kok.99The SCMPvideoshows the photographer, identified as Wong Chun-lung, holding up his camera to record the events as

a police officer turns around, apparently accidentallybanging his head on the camera.100The officer thengrabs Wongs elbow before more officers surroundWong, who falls to the ground.101The SCMPreportsthat Wong was later arrested for assaulting a policeofficer and resisting arrest.102

On November 28, 2014, Ng Cheuk-hang, a freelancejournalist who was covering the protest movement forInmedia HK, was allegedly pushed onto the groundby a police officer who then looked at his press cardand, despite Mr. Ng identifying himself as part of themedia, instructed his colleague to arrest him.103As hedescribed the incident, I was pushed to the ground byan officer in a deep blue shirt. He saw my press card,and asked who I was. After he looked at my press card,he said [to his colleague] arrest him as well. Then hepushed me into a corner with others who were awaitingarrest.104The police ended up releasing Mr. Ng afterdetaining him.105He believes the police released him

because they did not have evidence to charge him.106

Kayee Fung, a reporter who covered the protestmovement forMeme HK, described inconsistent policetreatment towards media professionals and increasingrestrictions on the medias access to the events as theOccupy movement continued.107Ms. Fung recalled,In the last few weeks, police obstruction was partic-ularly serious. On the last day when they cleared theAdmiralty site, December 11, 2014, the police toldthe media that if they wished to go out, they could goout after their press cards were checked. When I went

out, they forced us to go to a spot, which they said wasthe only spot where press could go, not freely movingaround. They said it was for our safety. All membersof the press, including the reporters and cameramen,had to go to that spot.108Later, when Ms. Fung askedthe police to return to a blocked area where protestorswere waiting to be arrested, she was told she couldnot return because she was online media. Ms. Fungthen went to the other side of the same area where theprotestors were waiting to be arrested and the policein that location allowed her to enter. She comment-ed, I think the police internally do not know how totreat online media, as she described colleagues who

worked for traditional media outlets being allowedto more freely move around blocked areas and beingexplicitly told by police that online media could notenter certain areas.109

Many of the journalists and media professionals interviewedfor this report did not view excessive use of force or mediaobstruction by the police as a major threat to press freedomin Hong Kong, stating that they do not think Hong Kongpolice specifically target members of the media or intention-


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ally interfere with press freedom. Some explicitly praised thepolices handling of anti-Occupy protestors attempts to curbfree speech. One journalist excused police interference as asign of police incompetence rather than an intentional act toimpede reporting, and suggested police may have been moreforceful with journalists near the end of the protests as a humanconsequence of fatigue and frustration as the days wore on.110

Tom Grundy, a multimedia freelance journalist who foundedthe English online news site Hongwrong, stated, There aregood weeks and bad weeks at times, but the level of accessthe Hong Kong police give to journalists is good. Journalistsare quite lucky in Hong Kong. You can get behind the policelines and there is better access here than in Europe or NorthAmerica.111

However, incidents like those recorded here drew criti-cism from many media organizations, including the HKJA,the Foreign Correspondents Club of Hong Kong, the PressPhotographers Association, and the International Federationof Journalists, as well as from human rights organizations likeAmnesty International.112The Foreign Correspondents Club

stated it was deeply disturbed by the reports of attacks onjournalists, especially those ascribed directly to police officers,or where police could have intervened but do not appear tohave done so.113

The HKJA stated, The attacks are not accidental Weare shocked to hear some journalists who carried well-dis-played identification cards had become the target of acts ofviolence by police. They were blocked by police from doingtheir reporting work. This is totally unacceptable. Only athorough investigation into the attacks can stop the violencefrom spreading.114In a further statement responding to thearrests of two journalists in November, the HKJA warned,

The arrests are serious violations of press freedom enshrinedin the Basic Law. They serve as an intimidation against themedia from monitoring the police action.115

Police representatives have strenuously denied that journal-ists have been targeted by police in an effort to suppress pressfreedom. Former Assistant Commissioner of Police David NgKa-sing suggested that these incidents are the result of policeworking under extremely chaotic circumstances and reiter-ated that police and journalists are partners.116The policehave also stated that they will investigate all complaints lodgedabout police conduct during the protests in a fair and impartialmanner.117In addition, Hong Kong Chief Executive LeungChun-Ying issued a statement on October 26 in response to

an incident in which several journalists were attacked whilecovering the protests, saying The Chief Executive and theHong Kong Government all along respect press freedom andstrongly condemn this savage act. The Police will follow upon the incident in a serious manner.118

Nevertheless, the alleged incidents collected in the Appendixto this report, as well as those reported in Hong Kong newsmedia and by journalists interviewed for this report, suggestthat Hong Kong police would benefit from additional trainingon upholding freedom of the press and freedom of assembly

under the challenging conditions posed by large public demon-strations like the pro-democracy protests.119

Threats to Free Expression Online

1. Targeting Pro-Democracy Speech Online

A particularly disturbing development prior to and during

the pro-democracy protests was the use of Section 161 ofthe Crimes Ordinance, Access to computer with criminal ordishonest intent (Section 161), to target online speech bycitizen journalists, bloggers, and ordinary citizens. BetweenSeptember 26 and November 8, 2014, police arrested 14 peopledescribed by one news source as pro-democracy netizens forwhat police termed cyber crime, including:120

On October 4, 2014, a 22-year-old man was arrested forallegedly calling on people to join the Occupy move-ment on social media sites.121He was formally chargedin the Magistrates Court on December 13, 2014.122

On October 18, 2014, within hours of allegedly postingon the HKGolden website a message urging residents totake to the streets and support the protest movement, a23-year-old man was arrested in his home.123Referringto the arrest, a police spokesman told reporters, In-citing others to commit criminal acts on the Interneis illegal. Police will investigate, gather evidence andtake arrest action.124

On November 7, 2014, the police arrested a 25-year-oldman for allegedly posting a guide on Facebook groupsand discussion forums encouraging people to occupy

the Government House.

125

Prior to the pro-democracy protests in 2014, the policehad already shown their willingness to use Section 161 inpursuing online speech. Local and international news mediareported two cases:

In June 2014, the police arrested a 15-year-old boy forallegedly posting a guide online on how to storm theLegislative Council building. Prosecutors charged theboy under Section 161 in September 2014.126

Shortly before the Occupy movement began in Sep-

tember 2014, Joshua Wong, the co-founder of thestudent group Scholarism, is reported to have beenarrested by police after he allegedly called on fellowprotestors to break through barricades in front ofgovernment headquarters. After two days, a judgeordered Wongs release.127

Media law expert Professor Doreen Weisenhaus of theJournalism and Media Studies Centre of the University oHong Kong has expressed great concern over Hong Kong


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joining a growing trend, particularly in Asia, to use generalcyber crime laws to target online speech and online activities.128Section 161 of Hong Kongs Crimes Ordinance was adoptedin 1993, prior to many modern technological developments.Section 161 states, in part, any person who obtains access toa computer with intent to commit an offense whether onthe same occasion as he obtains such access or on any future

occasion, commits an offense[...].129According to sessionminutes in Hong Kongs Legislative Council, Section 161 wasa narrowly drafted law intended to combat technology crimessuch as online fraud and illegal access to a computer system.130

who may have used any electronic device in the course of anact that might be criminal in nature, even if the act was in noway computer-specific.134

Media professionals, academics, researchers and advocatesare also citing these Section 161 arrests as examples of thelack of legal protections for online media and the need forgreater transparency surrounding user data requests in Hong

Kong.135The police reportedly found the person mentioned inone of the cases above using an IP address they acquired fromHK Goldens administrators, upon request, without a courtorder.136Jennifer Zhang, the project manager of the HongKong Transparency Report, wrote an op-ed in the South ChinaMorning Posthighlighting the ease with which Hong Konggovernment officials can obtain online bloggers personal dataand calling on government agencies and internet companiesto enact safeguards for protecting online speech.137

At least 14 individuals were arrested for access to a com-puter with criminal and dishonest intent or criminal in-timidation during the pro-democracy protests; there are noreports available regarding further action on the part of the

police or prosecutors.138Mr. Mok expressed concern that theact of arrest itself may be enough to stifle free speech, even ifpolice later drop the case.139He worries that Section 161 isbeing intentionally used as a scare tactic to let people knowthey are being watched while using the internet.140He notedthe Legislative Council has been asking for statistics regardinghow many people have been arrested under Section 161, howmany people have been formally charged, and whether therehave been any final judgments on the cases, but their requestshave not been answered.141Amidst the growing concern thatthe government is using generic cyber crime laws to go afteronline speech, it will be particularly important to monitor how

the police, the prosecution, and the courts handle these cases.

2. Cyber Attacks Against Media Websites

Online media and websites for traditional media outlets enduredwhat many, including the content delivery network Cloudflare,which services the sites, have reported to be the largest cyberattacks in history as Hong Kongs political debates intensified.142

Multiple distributed denial-of-service (DDoS) attacksbegan only days before an online referendum in preparationfor the 2017 elections was scheduled to take place on theindependent website PopVote.hk. The civic group OccupyCentral with Love and Peace had appointed the PublicOpinion Program (POP) at the University of Hong Kong

and the Center for Social Policy Studies at the Hong KongPolytechnic University to host the civil referendum on theirservers through the website from June 20 22, 2014.143Thereferendum aimed to allow all citizens to voice their opinionson the nomination process in advance of the 2017 electionsfor chief executive (the head of the Hong Kong government)and had been criticized by pro-Beijing political groups.144OnJune 13, 2014, hours after HKUs POP started accepting voterpre-registrations, the system reportedly endured the largestdistributed denial-of-service attack in its history.145On June

China has determinedthey are going to crushthe Occupy movement

and they are going to doit by cyber attacks

It doesnt mean we canthave free speech; it justmeans we have to fightfor it.We have always

had to fight for freespeech; this is just a new

dynamic in thedigital age.

Many experts suggest the police and prosecution may beabusing the law by applying it broadly to curb online speech.131

Andrew Raffell, a barrister and consultant at the law faculty ofChinese University of Hong Kong, told business news websiteQuartz, The police and the prosecution have been allowedto artificially extend [the law] to the point of distortion.132Charles Mok, a member of the IT Functional Constituencyin Hong Kongs Legislative Council, equated Section 161 toa universal plug that can be attached to all kinds of crimes ifthe act involves the use of computers, mobile phones or evendigital cameras.133Critics further suggest that prosecutors areusing the ordinance to seek heavier sentences for individuals


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16, 2014, HKU POP announced that two oftheir three hosting providers, UDomain andAmazon Web Services, had subsequentlywithdrawn their services.146

On June 18, 2014, Next Media and theAppleDailywebsite experienced a DDoS attack thatrendered theApple Dailywebsite paralyzedfor more than ten hours.147All Next MediaGroup websites and cell phone apps in HongKong and Taiwan were shut down.148AppleDailyhad been providing extensive coverageof the debates and events leading up to thereferendum, including launching a separateonline platform solely for reporting on thereferendum.149

On June 22, 2014,Apple Dailycontinuedto report that its website was blocked due

to the cyber attacks.150

Lento Yip Yuk-fai, achairman of the Internet Service ProvidersAssociation, is reported to have told AppleDaily, An attack of such a scale would requiremore than 10,000 computers to launch. It wasunlikely to have been launched by ordinaryhackers.151Based on the large scale of theattack, the proximity to the online referendumandApple Dailys history of supportive cover-age of the online referendum, Next Medias

chairman Jimmy Lai blamed Beijing.152TheInternational Federation of Journalists AsiaPacific Office stated, This is clearly a cyberattack on a media outlet aimed at suppressing

press freedom.

153

Next Media and Apple Dai lys websitecontinued to experience cyber attacks on aregular basis throughout the pro-democracyprotests. On July 28, 2014, multiple mediasources reported that Jimmy Lais emailaccount had been hacked.154On October 9news sources reported that he had been thevictim of three cyber attacks since July 2014.15

On October 14,Apple Dailyreported that itsemail systems, website, and mobile apps wereunder attack, disrupting its internal operationsnews publishing, and newspaper production.15

Next Media executive Mark Simon told PENthat Next Media is under attack all the timeWe just continue to defend our system thebest we can. China has determined they aregoing to crush the Occupy movement andthey are going to do it by cyber attacks Idoesnt mean we cant have free speech; it jusmeans we have to fight for it. We have alwayhad to fight for free speech; this is just a newdynamic in the digital age.157


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Next Media andApple Dailywere not alone in facing onlineattacks. Following the start of the student occupation of CivicPlaza at Hong Kongs government headquarters in Admiraltyon September 27, 2014, several independent online news siteshave suffered prolonged cyber attacks disrupting their ability todisseminate news and at times forcing them entirely offline.158The pro-democratic websitesPassion Times,Post852,HKDashand

InMediaHKall reported cyber attacks during October 2014.159Mr. Simon emphasized the importance of global unity in

fighting for free speech in the digital age. He warned, Fiveyears from now, it is going to be a completely different world.People are going to wake up to these cyber attacks with jour-nalists living in fear China is a willing home for cyber crimeand for repression of free speech on the internet. They openlysponsor and embrace it.160

Politically Motivated Censorship and

Removal of Media Figures

Significant senior-level personnel changes within the Hong

Kong media industry starting in 2013 and continuing in 2014have led many to fear that Hong Kongs traditionally diverserange of media options is slowly being strangled by Chinasinfluence.161The Hong Kong Journalists Association stated inits 2014 Annual Report that control of an organization canbe achieved either through financial restraint or personnelchanges. The personnel changes in the media industry in theyear under review are too significant to ignore.162

Hong Kong media organizations are generally free fromofficial government restraints on publications and govern-ment censorship of media content.163However, the HongKong government does have a regulatory framework for

media, which treats print and online media differently frombroadcast media.164Print and online media are largely left toself-regulate, while broadcast media are subject to licensingand detailed regulation.165With most print and online mediaorganizations in Hong Kong owned by figures with businessinterests in mainland China, critics argue that Hong Kongsself-regulation has led to self-censorship in favor of thoseinterests.166As for broadcast media, critics warn that licensescan become a way for the government to pressure TV andradio stations.167

The Hong Kong Economic Journal,Ming Pao Daily News,and Commercial Radio, all traditionally known for criticalreporting on the government, removed or reshuffled editors

and/or media executives amidst reports of political pressurein 2013-14. TheHong Kong Economic Journal reportedly re-ceived letters of complaint about its critical reporting aboutthe Chief Executive of Hong Kong both from Beijing andfrom the Chief Executive himself before making senior-levelstaffing changes in 2013.168Commercial Radio, one of onlytwo privately owned radio broadcasting companies in HongKong, had reportedly been warned that the Chief Executivewas dissatisfied with the outspoken radio host Li Wei-lingsprime-time morning news show before Commercial Radio

reshuffled the time slot for her show and later dismissedher.169As referenced above,Ming Pao, which is owned by aMalaysian timber magnate with wide-ranging business inter-ests across Asia, was recognized for its critical coverage ofthe government under the two-year tenure of chief executiveKevin Lau.170The HKJA characterizes the figures who wereremoved or reshuffled in 2013 and 2014 as either critical or

less willing to give in to pressure in their respective mediaorganizations.171

TheHong Kong Economic Journal, traditionally known asone of the most influential publications in Hong Kong and avocal critic of the chief executive during his campaign in 2012,went through a series of personnel changes in 2013 that theHKJA characterized as a leadership earthquake.172In August2013, theHKEJnamed Alice Kwok as chief editor. Kwok isa journalist who had reportedly been one of the subjects of a2003 HKJA investigation into self-censorship at the MetroFinance channel of Metro Broadcast Corporation, after itsthen-managing editor was fired.173Shortly after assumingthe chief editor post atHKEJ, in October 2013, deputy chief

editor Yuen Yiu-ching and his team of three reporters quitamidst reports that Ms. Kwok partially withdrew one of theirarticles, which cited examples alleging that major broadcasterTVBs news reporting was in favor of Chief Executive LeungChun-ying.174Ms. Kwok has declined to comment on thematter.175Yuen went on to start his own independent onlinenews site,post852.com, telling the SCMP, I was forced to setup my own site after the political pressure at theJournal. Thecurrent media landscape gives me less and less room to saywhat I want. I choose to earn less and have more freedom tospeak the truth.176

Signs of censorship and political pressure at the HKEJ

continued in 2014. Edward Chin Chi-Kin, a weekly columnistforHKEJfor the past nine years, hedge fund manager andsupporter of the Occupy movement, informed the media thathe received advice from an editor in February 2014 to writeonly on financial matters.177He noted that this was the firsttime in eight years he had been told what to write.178He madethe issue public and refused to compromise. Subsequently, onSeptember 2, 2014, Mr. Chin announced thatHKEJhad abruptlycut his column via an email sent to him over the weekend. 179Mr. Chin refutedHKEJs explanation that his weekly columnwas being cut due to a new page design, citing the previouseditorial advice to write only on financial matters.180Mr. Chinstated, Because of the political and economic situation in todays

Hong Kong, theres no way for me to write only about financein my column, since politics and economics are fundamentallyinseparable.181The Independent Commentators Association,which counts Chin as a member, released a statement saying,It is not hard for someone to associate this coincidence withpolitical censorship.182

In March 2014, Chan Ka-ming, another weekly colum-nist withHKEJ, publicly denounced theHKEJfor rejectinghis article entitled, Done Messing with Hong Kong, HongKong is Done.183The article challenged theHKEJowners


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father, Li Ka-shing, on recent public comments in which hecriticized the people of Hong Kong for harming Hong Kongseconomy by complaining about social injustices.184When theeditor reportedly informed Mr. Chan that the article was abit extreme and that he should fine tune it, Mr. Chan pub-lished his article via the online websiteHouse Newson March11, 2014.185The HKJAs 2014 Annual Report notes that the

HKEJs chief editor denied withdrawing Mr. Chans article andfinally published the original piece.186Commenting on reportsof editorial censorship atHKEJ, the International Federation ofJournalists expressed deep concern that Hong Kongs mediamanagers lack sufficient independence to face ongoing politicalpressure from China.187

AsHKEJfaced criticism around editorial censorship, Com-mercial Radio moved its outspoken prime-time morning newsshow host Li Wei-ling to a less prominent evening programon November 15, 2013, amidst criticism that the move wasan attempt to gain government support leading up to 2016,when Commercial Radios license is set for renewal.188Ms.Li publicly asserted that the move was politically motivated,

claiming the administration disliked her and government of-ficials had warned her to be careful of her job.189She toldthe South China Morning Post, I feel an unprecedented senseof crisis and pressure engulfing not just Commercial Radio,but the whole media industry in Hong Kong.190The stationschief executive denied that the decision was connected to thestations license renewal.

Commercial Radio is one of only two privately-owned radiobroadcasting corporations in Hong Kong and is regulated bythe Communications Authority (CA), an independent statutorybody established in 2012.191The Communications Authorityregulates the broadcasting industry, but Hong Kongs Chief

Executive, in consultation with the Executive Council, ultimatelydecides whether to grant or renew a license.192CommercialRadios decision to reshuffle Ms. Lis airtime came shortly afterthe government announced a controversial decision not toissue a free-to-air license to Hong Kong Television Network(HKTV), leading to widespread public outcry and a protestattended by tens of thousands of people.193Commenting onthe protest, SCMPcolumnist Kelly Yang wrote in The Atlantic,[The protest participants] saw this decision as just the latestin a long line of policies put forth by the Leung administrationto further the interests of China These protests express acommonly held fear in Hong Kong: that the territorys corevalues are being eroded by the pro-Beijing administration.194

Reflecting on the chain of events, political commentatorAlbert Cheng King-hon wrote:

Its obvious that this program arrangement was politicallymotivated. The whole idea was to muffle any dissentingvoices at Commercial Radio Now, as then, Commer-cial Radios troubles stem from the harsh reality that itsoperating license is up for renewal. In the face of politicalpressure, the broadcaster has chosen self-preservation,putting business interests ahead of anything else, even

press freedom Our media doesnt seem to realizepress freedom and freedom of expression are sufferinga slow death, like a frog being slowly boiled alive. Howmany media organizations do we need to lose beforewe know we have no voice and no column space to beable to speak out?195

In February 2014, Commercial Radio fired Ms. Li.196Herremoval drew sharp criticism from the media communitywith Ms. Li herself writ ing on Facebook, Although theycan ruthlessly remove me from my position, they cant stopme from monitoring Hong Kongs current affairs.197Ms. Ltold reporters, Im unreservedly, one hundred per cent surethat this incident is the [Leung] administrations suppressionof the freedom of the press and of speech.198Protestorsgathered outside Commercial Radios headquarters after Lisremoval.199The SCMPEditorial Board criticized CommerciaRadios stated reason for Ms. Lis removal, that the basis otrust and co-operation with Li had been destroyed, as fallingshort of expectations of a broadcaster licensed to use public

airwaves.200The Board wrote, confidence in freedom of thepress and freedom of expression is so fragile that it takes morethan mere words to ease public worries. The government, themedia and society have the duty to ensure our freedoms arenot eroded.201

Only one month before Ms. Lis removal,Ming Pao DailyNewshad also attracted accusations of censorship when chieeditor Kevin Lau was replaced. 202On January 6, 2014,MingPaoreplaced Lau with a Malaysian editor residing in Singaporeand viewed by many commentators as pro-Beijing.203Thereplacement, after Mr. Laus two years in the position, drewpublic condemnation from current and formerMing Paostaf

and columnists, as well as Hong Kong-based and overseasscholars, and the Hong Kong Professional Teachers Union.20

Mr. Laus predecessor had held the position for more than adecade.205More than ninety percent of theMing Paostaff re-portedly signed a petition demanding an explanation from themanagement and calling for guarantees that editorial autonomyand freedom would not be compromised.206

Ming Paomanagements decision was widely criticized asa response to political pressure from Beijing based on MrLaus editorial decisions, and interpreted as a move to avoidantagonizing Beijing and to reposition the newspaper as amore moderate conservative voice.207In response to Mr. Lauremoval, thousands of journalists and free speech advocates

marched in Hong Kong to protest the erosion of press freedomand free expression in Hong Kong.208Yuen Chan, a lecturerin journalism at the Chinese University of Hong Kong, toldtheNew York Times at the time of Mr. Laus replacement, IfMing Paoshifts, theres even less room for truly independentjournalism in Hong Kong. People have been saying that thisshows we cant rely on traditional media anymore.209

Amidst this backdrop of controversial media leadershipchanges, the Hong Kong Journalists Associations publicationThe Journalist, which serves as a platform for the HKJA to


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INSTANCES OF MEDIA SELFCENSORSHIP REPORTED TO THE JOURNALIST1

MEDIA CENSORSHIP

TV Stations

A senior decided the rental-allowance fraud scandal of Mak Chai-kwong cannot be the top story on the day a

newspaper broke it.

Editors delayed broadcast of a June 4 story ready in afternoon but not sub-edited until evening.

Reporters are barred from interviewing scholars taking part in pan-democratic activities.

Events of pro-government group Voice of Loving Hong Kong must be covered and

broadcasted although they are not really newsworthy.

Reporter looking into ICAC inquiry into a pro-government group that received public funds in run up to 2012

Legco election obtained explosive documents from a source. Editor thought the source attempted to influence

election results and banned coverage.

Newspapers

A photo showing dock workers throwing food at an effigy of Li Ka-shing during their strike last year was removed

from a page.

Reports and commentaries of China Desk cannot single out PRC President Xi Jinping for criticism. Put the

leadership instead.

Property stories cannot target a single private project, and cannot go with photos of a particular private project.

Police remove a man in June 4 T-shirt from housing estate during visit by then PRC Vice-Premier Li Keqiang in2011. Story was taken out and condensed into a sentence at the end of another story.

Reporter made follow-up enquiries with government departments in the wake of corruption scandal of then ICAC

chief Timothy Tong. Editor urged reporter to stop working after departments took issue with paper.

communicate with its members and providesnews about the media industry in Hong Kong,focused the entire May 2014 issue on censorship

in the newsroom due to political and economicpressures.210In its 2014 Annual Report theHKJA stated, Self-censorship is the issue whichworries journalists most. They ranked it at 6.9on a 10-point scale where 10 is the worst.211The May 2014 edition of The Journalistdetailsinstances of censorship reported by variousmedia figures. These include senior editorsdelaying stories related to the anniversary ofTiananmen Square, reporters being barredfrom interviewing scholars taking part inpro-democratic activities, and TV editorsbanning coverage of corruption inquiries into

a pro-government groups use of public funds,among other incidents.212Several sources in-terviewed for this report who asked to remainanonymous related similar experiences witheditorial censorship.

Later, during the pro-democracy protests,editorial changes to a voice-over accompany-ing a Television Broadcasts Limited (TVB)video showing police beating a protestorgenerated renewed concerns about self-cen-

sorship and brought sharp criticism fromjournalists, media advocates and the public. 213TVB is one of two free-to-air television

broadcasters in Hong Kong. The video hadrun early in the morning on October 15,2014, with a voiceover indicating policepunched and kicked a protestor identifiedas Ken Tsang.214Later the voiceover wasremoved completely and the video ran withno commentary.215Ultimately the voiceoverwas changed to say, the police are suspect-ed to have used violence on Ken Tsang.216Forty-six TVB employees signed an openletter to senior management protesting thenetworks treatment of the video.217

On November 14, 2014,Apple Dailyreport-

ed that Ho Wing-hong, the TVB assignmenteditor responsible for the broadcast of thevideo, had been demoted to senior researchofficer; news editor Chris Wong, the mostsenior person among those who signed theanti-censorship letter, had been removed aschief editor of the 6:30pm main news cast andthe late night news report on TVB Jade; andthat another news editor on duty at the timethe video was aired, Perry Chow, had lost a

1The Journalist is a publication of the Hong Kong Journalists Association. This chart was originally published in: Joyce Ng and Ken Lui, HowCensorship Works in the Newsroom, The Journalist, May 2014, p. 33. Reproduced here with permission.


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quarter of her bonus.218The TVB news director refused tocomment on the treatment of the staff members.219

Many veteran journalists and media advocates interviewedfor this report expressed deep concern about the politicaland economic pressures that threaten the vibrant diversity ofpublications and opinions in Hong Kongs media environment.Shirley Yam, vice-chairperson for the Hong Kong Journalists

Association, said, We are not talking about information notbeing reported at all, but we are talking about under-reporting,untimely reporting and reports being buried in back pages ofpublications.220

Paul Mooney, an award-winning American freelance jour-nalist who worked for the SCMPfor twenty years until 2012,commented, Its about the articles that arent getting published.It is hard to figure out what the logic is for what gets into thepaper and what does not, so the papers allow in just enough toavoid having their credibility questioned. You have to ask aboutthe articles that arent being published.221Another mid-careerjournalist who requested anonymity called on readers to be crit-ical: Journalists can push back more when the public is critical.

Journalists can use the public criticism to push back on ownersand senior editors when they try to block articles.222

One Hong Kong journalist interviewed for this reportnotes that the recent changes in the political environmenthave created added pressure on the government to influencemainstream media. The journalist said:

The Beijing government and the Hong Kong govern-ment know they have a difficult political task in frontof them. Hong Kong has an unpopular chief executivetrying to push through a very unpopular reform packageso the government feels a need to influence mainstream

media. History repeats itself. This happened once in2003 to 2004 when the SAR government was in a weakposition, when they had to sell a controversial package,we saw radio stations suddenly dropping their charismatichosts, forcing them to shut up. Now it is happening againin 2014. When the chairlady of the HKJA says HongKong journalism is now facing a long and cold winter,she is referring to the change in political atmosphereaffecting press freedom.223

On January 14, 2015, Chief Executive C.Y. Leung direct-ly attacked the University of Hong Kong Student Unionsmagazine, Undergrad, in his annual policy address, reportedly

declaring: Undergradand other students have misstatedsome facts. We must stay alert. We also ask political figures to advise them against putting forward such fallacies,according to SCMP. 224

Politically Motivated Economic Pressures on

Media Outlets

Press freedom in Hong Kong was also challenged by politicallymotivated economic pressures in 2014, as international banks

Our media doesntseem to realizepress

freedom and freedom of

expression are sufferinga slow death, like a

frog being slowly boiledalive.How many media

organizations do we needto losebefore we know

we have no voice and nocolumn space to be able to

speak out?

withdrew long-standing advertising contracts with Hong Kongleading pro-democracy Chinese-language newspaper,AppleDaily, and top magazine,Next.225Noting that advertisements

are a vital source of revenue for both electronic and printmedia, the Hong Kong Journalists Association warned in its2014 Annual Report, [b]y placing or pulling advertisementsthose in power can exert immense influence on the mediaand its management. The beauty of such tactics is that theyare much less visible to outsiders and finding hard evidenceis never easy.226Many laud Hong Kongs broad spectrum ofmedia sources as essential to maintaining press freedom inthe city and fear that the advertising moves seen in 2014 willdestroy that diversity.

Multiple journalists and media professionals interviewedby PEN identified economic pressure on the media as oneof the biggest threats to press freedom in Hong Kong. Many

suggested the rise in online media, together with Chinasincreasing influence over Hong Kongs economy, makestraditional media more susceptible to loss of advertisingrevenue. Francis Moriarty said, A lot of things are achievedthrough economic pressure that would be more difficult toachieve through political pressure. Costs have gotten outra-geous Having a large circulation does not protect you fromthe costs. You have to pay for the cost of printing all thosepapers. Advertising revenues are critical in Hong Kong tocover those costs.227


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Yuen Chan, a journalism lecturer at the Chinese Universityof Hong Kong, wrote in an article for The World Post:

[T]o many [in Hong Kong], the free press is increasinglybeing undermined by a creeping form of self-censorship,political pressure from leaders close to Beijing and therealities of the media market: State-backed Chinese

companies are emerging as important advertisers, givingthem the power to shape news coverage by threaten-ing to yank their ads. Pressure sometimes comes fromHong Kong companies that do business in China.AppleDailywhose reporters are barred from reporting inmainland Chinarecently confirmed that major localbanks have pulled ads from the newspaper, a sign thatbusiness can suffer if coverage offends those with tiesto Beijing.228

Multinational banks withdrawals of advertising drewscathing criticism from pro-democracy supporter JimmyLai.229 The banks, Hong Kong Shanghai Banking Corpora-

tion (HSBC) and Standard Chartered, reportedly started topull advertisements fromApple DailyandNextin late 2013.230The two banks were reported to have spent a combined $3.6million in 2013 on Next Media advertising and were amongNext Medias biggest financial advertising clients.231HSBCstopped its advertisements in August 2013 and Standard Char-tered stopped its advertisements in December 2013.232MarkSimon told theNew York Timesthat two local banks, Bank ofEast Asia and Hang Seng Bank, stopped advertising aroundthe same time.233In an interview with PEN, Mr. Simon notedthat, financially, Next Media can continue without these bigadvertisers but advertising bans might harm smaller media

outlets, forcing the little guys to close down and limitingthe variety of media sources in Hong Kong.234While Hong Kong media organizations and critics have

long accused the Chinese government of pressuring state-owned Chinese companies to withdraw advertisements inHong Kong, this was the first time Hong Kong media hasseen what many critics suggest is Chinas political pressureon global companies.235In response to inquiries by media andgovernment officials, both multinational banks reportedlystated that they withdrew their advertising for commercialand marketing reasons.236Anson Chan, who served asChief Secretary, the second-highest-ranking official in HongKong, and is an advocate for media freedom in Hong Kong,

wrote to ask the banks why they pulled their advertising.237

In an interview with theNew York Times, Ms. Chan said shewas not reassured by the banks responses reiterating thatadvertising decisions are commercial.238Ms. Chan stated,An international bank like HSBC and Standard Chartered,if you act this way, it is the first step down a very slippery

slope. What happens the next time they call up and say wedont like you doing business with certain clients? Are youalso going to cave in?239

Mr. Simon was widely referenced in the media in 2014asserting that the Beijing government pressured the banksto remove their advertising due to Next Medias continuingcoverage of protests against Chinas creeping influence in

Hong Kong.240Notably, Mr. Simon told theNew York Timesthat a representative from HSBC told him that the decision tostop advertising came after the deputy director of the CentralGovernments Liaison Office in Hong Kong, Yang Jian, toldthe bank to end its advertising relationship.241The LiaisonOffice is the de facto embassy for Beijing in Hong Kong.

Am730, a free local daily newspaper in Hong Kong knownfor its independent and comparatively moderate voice, alsosaw long-standing advertisers withdraw advertisements atthe end of 2013 and into 2014. Mr. Shih Wing-ching, thefounder and owner of am730, accused Beijing of stiflingpress freedom in Hong Kong citing the sudden withdrawalof advertisements from three mainland-backed companies

without explanations.242Based on a study conducted by AnnisaLee Lai, associate professor at the School of Journalism andCommunication at the Chinese University of Hong Kong,the HKJA noted in its 2014 Annual Report that the Bank ofChina, China Construction Bank (Asia) and China CITICBank International withdrew or drastically cut advertise-ments from am730in the final quarter of 2013 after previouslyplacing advertisements frequently.243

On July 26, 2014, the pro-democracy online media siteHouse Newssuddenly closed down.House Newswas founded in2012 by former Commercial Radio Chief Operating OfficerTony Tsoi Tung-ho, writer and cultural critic Leung Man-tao,

former adviser to the governments Central Policy Unit LauSai-leung, and columnist Gregory Sung Hon-sang.244Tsoi,a businessman who regularly traveled into mainland China,cited fear, political pressure, and worsening finances as rea-sons for the closure, and reported feeling scared every timehe crossed the border.245Ex-columnist forHouse NewsEvanFowler described the publication as a once-vibrant and neutralmedia outlet where journalists did not have to censor or frametheir writing within certain boundaries to satisfy political andeconomic pressures.246Mr. Fowler expressed deep concern overgrowing pressures on press freedom in Hong Kong.247 SophieRichardson of Human Rights Watch also noted the damagingimpact ofHouse Newss closure, arguing that [i]f Hong Kong

is left with a press that only the Chinese government likes,everyone loses A few years ago, it seemed inconceivablethat the vibrant Hong Kong media could be strong-armedinto obedience. But it now seems disturbingly possible thata few years from now we might not even know an outlet likeHouse Newshad ever existed.248


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To the Government of Hong Kong:

Promptly and thoroughly investigate alreported attacks against journalists and me-dia personnel, and hold accountable thosefound responsible. Provide regular publicupdates about the status of investigations

Ensure that Hong Kong police are fullytrained on the rights of the media during

public demonstrations, and that membersof the media may do their job document-ing public demonstrations without undueinterference.

Protect freedom of speech online, in ac-cordance with the UN Human RightsCouncils resolution on human rights onthe internet, which affirms that the samerights that people have offline must alsobe protected online, in particular freedomof expression.

Provide public information, including regu-lar updates, on cases brought under Section161 of the Crimes Ordinance, includingnumbers of arrests, formal charges broughtand the final disposition of each case.

Establish publicly accessible, standardprocedures for government requests forinternet users data, including due processprotections and transparency requirements

Establish a transparent and independent

process for media broadcasting licensing

RECOMMENDATIONS

While the rule of law remains strong in Hong Kong andjournalists continue to enjoy a relatively free environment forreporting, the issues documented in this report indicate thatpress freedom in Hong Kong is at increasing risk. Media out-lets are forced to contend with growing direct and indirectpressure to censor stories and silence journalists perceived ascritical of Beijing, and a worrying pattern of physical assaultson journalists and media outlets continues.

On the basis of this reports findings, PEN American Center

makes the following recommendations:


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To the international community:

Actively monitor the government of HongKongs continued compliance with itsobligations under the ICCPR, particularlythose relating to press freedom, and takeappropriate measures to publicly report onthe governments record of compliance.

Request that the United Nations Special

Rapporteur on Freedom of Opinion andExpression engage the Chinese governmenton the issue of freedom of expression inHong Kong, and include Hong Kong inreports to the UN political bodies.

Publicly and privately support press free-dom in Hong Kong as vital to democracy,important to the free flow of informationwithin and outside of Hong Kong, and asa bulwark in relation to the situation ofpress freedom in mainland China.

Raise concerns regarding infringementson press freedom and internet freedom inHong Kong in bilateral and multilateraldiscussions with both the Hong Kong andBeijing governments.

Exert pressure on mainland Chinese au-thorities to cease all efforts to interfere withpress freedom in Hong Kong, includingthe use of political pressure on commercialentities to persuade them to withdraw ad-vertisements from Hong Kong publications

that are critical of government authorities.

International organizations, institutions,and businesses should avoid commercialdecisions, including with respect to businessoperations, advertising, and partnerships,that compromise values of independenceand respect for human rights or otherwisereinforce or enable rights infringements.

To local and overseas press

organizations, and human

rights organizations:

Closely monitor and document devel-opments in Hong Kong that affect pressfreedom, including physical assaults onjournalists, censorship, the withdrawal ofadvertising from media outlets for appar-

ently political reasons, and encroachmentson freedom of expression online.

Ensure that Hong Kong is specificallyincluded, and its unique challenges ad-dressed, in global reports that monitorconditions for freedom of expression andpress freedom around the world.


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9 Id. at art. 27.

10 Id. at art. 39 (The provisions of the International Covenanon Civil and Political Rights, the International Covenant on

Economic, Social and Cultural Rights, and international labou

conventions as applied to Hong Kong shall remain in force

and shall be implemented through the laws of the Hong Kong

Special Administrative Region.); Hong Kong Bill of Rights

Ordinance (1991), Part I, Section 2(3) (In interpreting and

applying this Ordinance, regard shall be had to the fact that the

purpose of this Ordinance is to provide for the incorporation

into the law of Hong Kong provisions of the International

Covenant on Civil and Political Rights as applied to Hong

Kong.).

11 International Covenant on Civil and Political Rights art. 19(2), Dec. 19, 1966 [hereinafter ICCPR].

12 Sino-British Joint Declaration on the Question of Hong Kongat art. 3(5).

13 Id. at art. 19; U.N. Human Rights Comm., General CommenNo. 34, Article 19: Freedoms of Opinion and Expression

11-12, U.N. Doc. CCPR/C/GC/34 (Sept. 12, 2011) [hereinafter

General Comment No. 34], http://www2.ohchr.org/english

bodies/hrc/docs/GC34.pdf.

14 General Comment No. 34 at 13.

15 Id. at 11-14.

16 General Comment No. 34 at 44 (noting, in addition, tha

journalism is a function shared by a wide range of actors)

see alsoSpecial Rapporteur on the Situation of Human Rights De-

fenders, Fourth Rep. on the Situation of Human Rights Defenders

122, U.N. Doc. A/HRC/19/55 (December 21, 2011), http://www.ohchr.org/Documents/HRBodies/HRCouncil/Regular

Session/Session19/A-HRC-19-55_en.pdf(The protection o

journalists and media workers active on human rights issues

should not be limited to those formally recognized as such, bu

should include other relevant actors, such as community media

workers, bloggers and those monitoring demonstrations.).

17 General Comment No. 34 at 15.

REFERENCES

1 Matt Schiavenza, Chinas Intensifying Suppression of ForeignJournal ism, The Atlantic, 12 November 2013, http://www.

theatlantic.com/china/archive/2013/11/china-s-intensify-

ing-suppression-of-foreign-journalism/281334/; Bob Dietz, In

china, mainstream media as well as dissidents under increasing

pressure, Committee to Protect Journalists China Blog, 17 Decem-

ber 2014, https://cpj.org/blog/2014/12/China-mainstream-

media-as-well-as-dissidents-under-incre.php#more ; China:

Release citizen journalists detained for highlighting security

crackdown, Amnesty International, 11 March 2014, http://

www.amnesty.org/en/news/china-release-cit izen-journal-

ists-detained-highlighting-security-crackdown-2014-03-11;

Michael Forsythe, Chinese Government Tightens Constraints

on Press Freedom, The New York Times,19 June 2014, http://

www.nytimes.com/2014/06/20/world/asia/chinese-govern-

ment-tightens-constraints-on-press-freedom.html?_r=0; Position

Paper on Working Conditions for Foreign Correspondents

in China,Foreign Correspondents Club of China, September

2014,https://www.opcofamerica.org/sites/default/files/story/

fccc_position_paper_2014_pdf_17460.pdf.

2 Official Publication: Sino-British Joint Declaration on theQuestion of Hong Kong, 7 Loy. L.A. Intl & Comp. L. Rev.

139 (1984), art. 3(2), available at: http://digitalcommons.lmu.

edu/ilr/vol7/iss1/6.

3 Id. at art. 3(5).

4 Occupy Central with Love and Peace Manifesto, http://oclp.hk/index.php?route=occupy/eng_detail&eng_id=9.

5 Review and Outlook, Strangling Free Hong Kong, The WallStreet Journal,11 December 2014, http://www.wsj.com/articles/

strangling-free-hong-kong-1418344780.

6 Cliff Bale, Mak Yin-ting, Damon Pang, Pat Tam, Fung Wai-kong,Stanley Leung, Jackie Sam, Michelle Fong, 2014 Annual Report:

Press Freedom Under Siege,Hong Kong Journalists Association,

July 2014, p. 2 [hereinafter HKJA Annual Report 2014].

7 The Basic Law of the Hong Kong Special AdministrativeRegion of the Peoples Republic of China, The Basic Law

(July 13, 2012), http://www.basiclaw.gov.hk/en/basiclawtext/

images/basiclaw_full_text_en.pdf.

8 Id.
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