Journalist Bao Choy wins appeal in Hong Kong high court

The Court of Final Appeal annuls the sentence saying that a “grave and substantial injustice” had been committed.

Documentary journalist Bao Choy won her appeal in Hong Kong’s high court against a conviction for accessing vehicle registration records.

Choy, who worked for public broadcaster RTHK as a freelancer, was aiming to use the records to find out who was involved in a violent attack on protesters and train travelers in the long yuen station during the 2019 mass protests.

She was convicted in April 2021 on two counts of making false statements to obtain information and fined HK$6,000 ($764).

The appeal to the Court of Final Appeals, which began on May 3, was his last chance to overturn the ruling.

In a written judgment Monday, the Court of Final Appeal said “gross and substantial injustice” was committed against Choy by inferring that she knowingly made false statements when accessing the database of the registration records search application. vehicular.

The judgment said there was no reason to exclude “bona fide journalism” from the phrase.

The case revolved around what constitutes “traffic and transportation matters,” one of three reasons available to those searching for public records online, and whether it includes reporting. The other options are “transportation related legal proceedings” or “purchase and sale of vehicles”.

Choy chose the former because it involved the use of a vehicle on a highway.

Choy told reporters outside court that she was happy with the decision, saying it had declared the importance of the city’s constitutionally protected freedom of the press and speech.

He said he hoped it would be an encouragement to all the reporters still working in the city.

Hong Kong’s once vibrant local media have been under pressure since China imposed a national security law in 2020 with outlets like the apple diary and Stand News forced to close. Last year, the territory fell to 148 in the world in the Reporters Without Borders press freedom ranking.

Before Choy’s arrest, it was common practice for Hong Kong media to access public records, such as vehicle, land and company records, for use in their reporting, and none had been prosecuted.

The attack in Yuen Long took place amid heightened tensions over massive opposition to a bill introduced at the time. Executive Director Carrie Lam that would have allowed the people to be extradited to mainland China.

The violent assault by men carrying sticks and poles was broadcast live on social media, but it took 39 minutes before police arrived on the scene.

Seven government supporters were jailed in July 2021 for what the investigating judge described as an “indiscriminate attack”.