IN THE FIRING LINE:

THE CRACKDOWN ON MEDIA

FREEDOM IN HONG KONG
 PAGE 02

ABOUT THE AUTHOR

BENEDICT ROGERS

Benedict Rogers is the co-founder and Chief Executive of Hong Kong Watch, and a human
rights activist and writer specialising in Asia. He lived and worked as a journalist in Hong Kong
from 1997-2002, working first for Asia Law and Practice Publishing, a subsidiary of Euromoney
Institutional Investor PLC, and then as the editorial writer at the Hong Kong iMail, and
previously lived and worked in China. He contributes regularly to international media,
especially on issues relating to China, Hong Kong, Myanmar, North Korea and Indonesia, has
appeared on BBC, CNN, CNBC, Sky News, Al Jazeera and many other broadcasters and is
published regularly in The Wall Street Journal, The Daily Telegraph, The Spectator, The Tablet
and other publications and from 2020-2021 wrote a weekly column for Hong Kong’s Apple
Daily. He has testified at hearings in the US Congress, European Parliament, UK Parliament
and the Japanese Parliament, and is the author of six books. He is now working on a new book
on the human rights situation across China, The China Nexus: Thirty Years In and Around the
Chinese Communist Party’s Tyranny, which will be published later this year. He serves on the
advisory boards of the Inter-Parliamentary Alliance on China (IPAC), the Stop Uyghur
Genocide Campaign, Burst the Bubble and the China Democracy Foundation. In 2021 he was
awarded the International Religious Freedom Champion Award by the International Religious
Freedom Summit in Washington, DC.
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CONTENTS

Foreword by Stephen Vines

Executive Summary
Recommendations
Introduction

Chapter 1: The anti-extradition protests and the crackdown on press freedom before the
National Security Law
1. Intimidation and threats to journalists and media workers since 2019
2. Case-Study: RTHK
3. Case-Study: A Testimony from TVB

Chapter 2: The impact of the National Security Law on media freedom

1. Analysis of the impact of the National Security Law on media freedom
2. Case Study: Apple Daily
3. Case Study: Stand News

Chapter 3: Additional Restrictions to Press Freedom in the National Security Law era
1. New restrictions on access to public records
2. The dangers of a “fake news” law
3. Pressure on foreign correspondents

Conclusions
References
 PAGE 04

FOREWORD

In order to impose their rule, every known system of authoritarian government has moved
decisively to suppress freedom of expression in general and media freedom in particular. In
Hong Kong this has meant a breathtakingly rapid destruction of freedoms that made the
former British colony a beacon of press freedom in Asia and created a flourishing
international media centre.

In Mainland China freedom of expression has never been tolerated; yet the government in
Beijing had explicitly promised that Hong Kong could retain an unshackled media and that it
would be spared the controls applied elsewhere in the country. Like many other promises
made by the ruling Communist Party, this one has now been ditched and in its place has come
a clampdown that has all but extinguished a free media.

Beijing, aided and abetted by its handpicked local allies, is not even slightly concerned by the
fact that destroying media freedom in Hong Kong also slashes away vital underpinnings of
what had been a thriving centre for international business. It is equally important to note that
while undermining the strategic commercial advantages that created economic prosperity,
the authorities have taken a conscious decision to also undermine the spirit of Hong Kong,
underpinned by liberty of a kind never seen elsewhere in China.

This report meticulously documents the way in which media freedom has been destroyed,
chronicling the events that have led to this state of affairs and providing individual witness
testimony which brings these events into sharp focus.

Exposing the way in which the Chinese dictatorship behaves when it has the opportunity to
destroy freedom serves as a vital reminder to the rest of the world of the dangers posed by
the Communist regime as it spreads its influence in the international community.

Stephen Vines

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EXECUTIVE SUMMARY

Media freedom in Hong Kong has been almost completely dismantled. This report draws on
interviews with over 10 journalists in exile, alongside reports by all the leading press
associations in Hong Kong, to detail the variety of ways the crackdown on the press has
developed since 2019, including the following:

Since the imposition of the National Security Law on 1 July 2020, almost all independent
and pro-democracy media outlets have been forced to close, 18 journalists have been
arrested and at least 12 journalists and media executives are currently in jail awaiting trial.
The Hong Kong Government is using a combination of the National Security Law and
antiquated common law charges like ‘sedition’ under the Crimes Ordinance to wage
lawfare against journalists.
The Hong Kong Police Force, under the pre-text of the National Security Law, raided the
newsrooms of pro-democracy publications Apple Daily and Stand News and the two
publications were forced to close in 2021.
The public broadcaster Radio Television Hong Kong (RTHK) has lost all editorial
independence and objectivity, axed at least 12 programmes, deleted most of its archive
from more than a year ago, deleted its Twitter history and banned the audience from
commenting on its Twitter page.
Media groups are exercising extensive self-censorship.
New restrictions on access to public records have been introduced.
The Hong Kong Police Force has introduced a new definition of “journalist”, effectively
imposing restrictions on freelance reporters, online journalists, student journalists and
citizen journalists.
The government proposes to introduce a “fake news” law which will further restrict media
freedom. This may be a part of Article 23 domestic national security legislation.
Foreign correspondents face increasing challenges securing or renewing visas.
Pro-Beijing media continues to attack and harass critics.
Police violence in 2019 resulted in shocking violations of human rights against journalists
and media workers. Journalists who previously covered police brutality during these
protests have found themselves targeted in the current crackdown.

The situation for media freedom in Hong Kong is dire. The international community must
speak out, especially to protect those journalists in Hong Kong who continue to try,
courageously, to carve out some space, however limited, and to seek the release of those in
prison or facing prosecution.

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RECOMMENDATIONS

To the International Community

Hong Kong Watch urges the international community to act in response to the dismantling of
media freedom in Hong Kong. In particular, we call on the international community to
undertake the following steps:
1. Increase monitoring of the situation and continue to speak out against violations of Article
19 of the International Covenant on Civil and Political Rights and Article 27 of Hong Kong’s
Basic Law.
2. Regularly raise the cases of journalists and media executives currently in prison in Hong
Kong, and demand their release.
3. Engage international mechanisms to monitor the situation, particularly through the United
Nations Special Rapporteur on freedom of expression and opinion and other relevant UN
Special Procedures.
4. Issue emergency travel documents and visas for journalists at risk of arrest as part of the
ongoing crackdown.
5. Consider punitive measures to pressure the Hong Kong Government to recommit to
upholding the Basic Law which guarantees a free press, including targeted Magnitsky
sanctions.

To the UK Government
1. Consider what material support it can offer to Hong Kong journalists who have fled the
city and are now resident in the UK and are keen to continue to work and support
Cantonese speaking media.

To the United States Congress

1. Pass the Hong Kong Safe Harbor Act to provide direct support to journalists and a lifeboat
out of the city.

To the Australian Government

1. Consider introducing a bespoke visa route for Hong Kong journalists or freelance
reporters at risk of arrest.

To the Canadian Government

1. Consider introducing a bespoke visa route for Hong Kong journalists or freelance
reporters at risk of arrest.

To the EU Commission and EU Member States

1. Implement the European Parliament joint-resolution on Hong Kong and introduce
emergency visas for Hong Kong journalists and freelance reporters at risk of arrest.
2. Consider what material support it can offer to develop Cantonese language media outside
of Hong Kong.
 PAGE 07

INTRODUCTION

On 7 February 2022, a coalition of 22 governments from around the world issued a statement
expressing their “deep concern at the Hong Kong and mainland authorities’ attacks on
freedom of the press and their suppression of independent local media in Hong Kong.” The
Media Freedom Coalition, which includes the United Kingdom, the United States, Australia,
Canada, the Czech Republic, Germany, Ireland, Italy, Japan, Lithuania, New Zealand, the
Netherlands and ten other countries, said that “since the enactment of the National Security
Law in June 2020, authorities targeted and suppressed independent media in the Hong Kong
Special Administrative Region” and that this has “eroded the protected rights and freedoms
set out in the Basic Law and undermines China’s obligations under the Sino-British Joint
Declaration”. The result, they concluded, is “the near-complete disappearance of local
independent media outlets in Hong Kong.” (FCDO, 2022)

In its 2021 annual report, Freedom in Tatters, the Hong Kong Journalists Association (HKJA)
concludes that the media in Hong Kong “faces an unprecedented shock” and “the room for
press freedom is shrinking”. (HKJA, 2021, p.5) The International Federation of Journalists (IFJ)
comes to the same conclusion in a 2022 report titled Lights Out: Is this the end for Hong Kong’s
Media?, noting that (IFJ, 2022, p.3) “media freedom is clinging to life in Hong Kong, the victim
of political crackdowns, an erosion of the rule of law, and the intrusion of ideology into civil
and economic life.” Reporters Without Borders, in a report published in December 2021 titled
The Great Leap Backwards of Journalism in China, conclude that “the principle of press
freedom, although guaranteed until 2047 in the Basic Law that commands the territory, is
more threatened than ever” and is “in free fall”. (Reporters Without Borders, 2021e)

The Media Freedom Coalition, the HKJA, the IFJ and Reporters Without Borders are right.
Over the past three years pressure on Hong Kong’s media has intensified. Examples of this
process include:
1. Police aggression, intimidation and violence towards reporters during the protests in 2019;
2. The forced closure of Hong Kong’s last remaining pro-democracy Chinese language
publications Apple Daily and Stand News in 2021 and Citizen News in 2022;
3. The mass sacking by i-Cable of over 40 of their top journalists;
4. The dramatic overhaul at Hong Kong’s public broadcaster Radio Television Hong Kong
(RTHK);
5. The tightening of access to public records and the arrest and prosecution of freelance
RTHK journalist Bao Choy for searching car licence plate records while researching a
television documentary about the 2019 mob attacks in Yuen Long;
6. Financial coercion against leading pro-democracy media outlets;
7. The denial of visas for some foreign journalists;
8. The possible introduction of a “fake news” law.
 PAGE 08

Media freedom in Hong Kong is being dismantled. This is having a chilling effect. In November
2021, the Foreign Correspondents’ Club (FCC) in Hong Kong published a survey of its
correspondent and journalist members. According to the FCC’s statement (FCC, 2021), “the
results revealed widespread uncertainty among members over what the media is and is not
allowed to report on since the imposition of the National Security Law in June 2020, and
concern over the further erosion of press freedom … The vast majority of respondents
reported an overall deterioration in the working environment for journalists, noting in
particular the unwillingness of sources to be quoted and the need for reporters to self-censor
their writing or delete images.”

The survey revealed that 84% of respondents said that the situation had deteriorated since
the imposition of the National Security Law, 76% were “very concerned” about the potential
introduction of a “fake news” law, and 77% were concerned about digital or physical
surveillance. At least 46% – almost half of those surveyed – said they might leave Hong Kong.
Within that, 34% said they were considering leaving and 12% already had plans to do so. One
Hong Kong-born reporter who had previously worked for the South China Morning Post,
Yupina Ng, wrote in an article for Al Jazeera: “The law had a chilling effect on the most basic
civil liberties of Hong Kong residents and made it almost impossible for journalists like me to
do their jobs.” (Ng, 2021)

This report, In the Firing Line, intends to unpack these various developments, shed further
light on the deteriorating situation, and mobilise the international community to speak out for
media freedom in Hong Kong. The title was chosen deliberately to reflect both the physical
violence to which media workers – journalists, photographers and camera crews – have been
subjected, particularly during the protests in 2019, and the fact that so many in the media in
Hong Kong have lost their jobs. In researching this report, Hong Kong Watch has interviewed
several former journalists who lived and worked in Hong Kong, including the former RTHK
broadcaster Stephen Vines, the former editor of the South China Morning Post Mark Clifford,
former Ming Pao reporter Matthew Leung, former TVB news presenter Chris Wong as well as
several other former Hong Kong journalists in exile, including former Apple Daily reporters,
who wish to remain anonymous for security reasons. All paint a picture of rapid and dramatic
decline in media freedom in Hong Kong. At least 20 media workers, including reporters and
editors, have been arrested since the imposition of the National Security Law in 2020, and at
least a dozen have been charged or are awaiting trial, according to the IFJ. (IFJ, 2022) We owe
it to them to speak out.
 PAGE 09

CHAPTER 1: THE ANTI-EXTRADITION PROTESTS AND THE

CRACKDOWN ON PRESS FREEDOM BEFORE THE
NATIONAL SECURITY LAW

From June 2019 until early 2020, Hong Kong officers using batons to disperse journalists
was rocked by mass protests, initially on the night of 12 June at Justice Drive.”
sparked by a proposed law to allow Amnesty International reported that “police
extradition of criminal suspects from the officers used aggressive tactics to obstruct
city to mainland China. On 9 June 2019, it is journalists on site, even after the journalists
estimated that at least one million people had made their identities clear to police.”
marched in the city, and a week later, on 16 (Amnesty International, 2019)
June, it is believed that two million people

took to the streets. One former South China Morning Post

photojournalist, a foreign national, told

The Hong Kong Police Force responded to Hong Kong Watch of several occasions
the protest movement with where he was teargassed at close range,
disproportionate and indiscriminate even being deliberately targeted as a
brutality, deploying tear gas, pepper spray, journalist.
water cannon, rubber bullets, beating

people severely with batons and causing "I was in Lockhart Road in Causeway Bay on
many severe injuries. As the movement one occasion, with two other
progressed, reporters, photographers and photographers, and we saw the police
camera crews became targets for the punching a guy and pushing him into a van. I
police. This chapter documents the rising took pictures of the guy being punched, and
intimidation of journalists, alongside the the riot police turned around and sprayed a
ways that the Hong Kong government gel at me, which went over every part of my
began to curtail free expression and body. My camera was dripping with this gel.
accurate reporting in key media outlets And then it started to burn. My whole body
including RTHK and TVB. was burning.”

Of the 222 journalists who responded to a On another occasion, the same

HKJA survey on “violence against photojournalist was teargassed.
journalists when covering public order

events”, only 28 said they had not been “I was in Happy Valley following the police
treated violently. Another 141 reported who were chasing a group of frontline
experiencing police violence while protesters. A few of us stopped by the side
reporting, including physical and verbal of the road to take a break. We were sitting
abuse and deliberate obstruction. (HKJA, on the ground, and we had taken off our
2020) Amnesty International documented gear, our masks and helmets and other
some of the police brutality in a report protective gear. The police came and
titled How Not To Police A Protest: Unlawful sprayed teargas directly at us. The hatred
Use of Force by Hong Kong Police, in which it that the police showed against the media
noted that “footage from Commercial Radio was shocking.”
News and RTHK Video News show police

 PAGE 10

Matthew Leung, who was a reporter for 'strategic commodities', which are illegal to
Ming Pao at the time, was on the frontlines import and export but not illegal to possess.
during the protests and was shot at least It started with an altercation between me
four times with pepper balls: and a sergeant, then he spotted my gas mask

and asked me to go inside the cordon. I was

“The first time was in Yuen Long about a arrested and mirandized, but it seemed the
week after the 21 July mob attack. I was arresting officer did not know what he was
going up an escalator trying to get a top arresting me for. After the cops talked to the
shot, heard a pop and found my safety Police Public Relations Branch (PPRB), I was
goggles were sprayed with powder. If I had released on scene unconditionally and they
not been wearing goggles I would have handed me my gas mask back.
been shot in the eye,”

The other reporter from TMHK was taken to

“Then after the first day of protests at Hung Hom Police Station as he was detained
Polytechnic University, over 30 journalists as part of a mass arrest. He was also
were held inside the cordon including ones released three hours later after a
who I considered important. After most of superintendent talked to PPRB.
them were released around 5am, we were

starting to leave and two police officers Those were plainly false arrests just to
who appeared mentally out of control obstruct us doing our job. They knew it was
yelled at us to leave. I yelled back “we are within our rights to have those kind of
leaving,” and got hit. The other times it was equipment, otherwise they should not have
just collateral damage, when the police released us. But there were citizen
were firing at the crowd without proper journalists in the same situation who did get
justification.” charged.”

“In September 2019, I was working outside Stephen Vines, a distinguished British
Mong Kong Police Station and had an journalist and broadcaster who presented
altercation with a masked police officer. I programmes on RTHK, wrote for the Hong
was shoved to the ground on purpose and a Kong Free Press, The Guardian, The Daily
fellow photojournalist witnessed how it Telegraph, The Independent, contributed to
happened. We were divided by at least 30 the BBC, was previously editor of the now
policemen. Media liaison officers escorted defunct Eastern Express and first moved to
that masked officer back to the station Hong Kong in 1987 as The Observer’s foreign
while I demanded to know that officer’s correspondent, told Hong Kong Watch that
identity.” in the 2019 protests, he had “never before

seen the Hong Kong police being quite so

Mr Leung was also arrested on one rude to journalists”. There was, with some
occasion. He recalled: exceptions, still a “distinction” between how

the police treated local Hong Kong

“There were a few journalists arrested journalists and foreigners, he said, and he
during a protest in Mong Kok on 6 did not directly experience any obstruction
September 2020. I was among them with when he showed his press accreditation, but
another reporter of Truth Media Hong he experienced verbal abuse from the police:
Kong (TMHK), arrested for possession of

gas masks. They claimed those are

 PAGE 11

“Local Hong Kong-born colleagues of mine She collapsed and lay bleeding on the
were treated far worse. They were required ground, her eyeball ruptured. (Guardian,
to show their identity cards, intimidated, 2019b)
banged in the ribs and the police

ostentatiously took down their details,” he On 8 September 2019, the FCC issued a
recalled. statement strongly condemning “the

increasing number of incidents involving

On 7 September 2019, police fired pepper police violence against journalists covering
spray at a group of retreating journalists, protests in Hong Kong. Assaults of
including freelance reporter Holmes Chan journalists are becoming more serious,
who worked for Hong Kong Free Press. Chan undermining the media’s ability to do their
said: jobs and Hong Kong’s commitment to

freedom of the press.” The FCC expressed

“At least one of those bursts hit me “grave concern” regarding “multiple
squarely in the face, arms and chest. I wore eyewitness reports and widely circulating
a reflective press vest, and did not have video footage that appear to show police
protective gear on my face except for my officers spraying pepper spray at close
helmet, which also read ‘press’.” range at numerous reporters and

photographers … including spraying at least

Despite being immediately treated by two journalists directly in the eyes.
volunteer medics, Chan said he had trouble Accounts appear to show journalists with
keeping his eyes open and struggled to stay press identification—clearly marked vests
upright. He ended up in a hospital and helmets—in an area with no protesters
emergency room with a “chemical eye directly present near the scene. They did
injury”. (Guardian, 2019a) not appear to be interfering with police

operations.” Such actions by the Hong Kong

On 29 September 2019, an Indonesian Police Force, the FCC said, “are
journalist, Veby Mega Indah, was on a unacceptable and constitute a violation of
footbridge in Wan Chai district reporting the right under Hong Kong law for
on the protests and the police brutality, journalists to cover protests free of
when she was hit in her right eye by a intimidation or violence by authorities.”
projectile fired by the police. (Hong Kong (FCC, 2019)
Free Press, 2019) Despite wearing a high -

visibility jacket labelled “PRESS”, and The FCC called for an independent,
protective goggles and helmet, she has thorough and transparent commission of
been left partially blinded. She recalled inquiry to investigate all violence and
seeing the police suddenly waving their intimidation against journalists in Hong
weapons towards the media, and heard Kong, and urged the Commissioner of Police
someone shout “kei che, kei che” to publicly address the concerns and
(“journalists, journalists”). “clearly state that the HKPF respects

freedom of the press and the right of

“I saw them taking aim and I heard journalists to cover events, including police
someone say, ‘Don’t aim at us!’ and before I operations, unfettered and free of violence
could react I saw the projectile coming,” and threats.” It noted that “the repeated and
she said. consistent reports of police violence against
journalists covering the protests have
become too many for the Hong Kong
government
 PAGE 12

government and the international

community to ignore and seem to be
increasing in frequency.”

In May 2020, the Committee to Protect

Journalists issued a statement, calling on
the Hong Kong Police Force to “stop
attacking and harassing journalists” and
“ensure their safety while covering protests
in the city”, following the arrest of student
reporters, both secondary school students,
from an online news outlet called Student
Depth Media and an incident in which an
Apple Daily reporter was pepper sprayed
and choked while being restrained by
police, despite having a press vest and her
press pass visible. (CPJ, 2020)

In June 2020, a year after the protests, both

the HKJA and the IFJ called on the Hong
Kong Police Force to discuss how police
violence against journalists could be
reduced, but with no success. (IFJ, 2020a)
 PAGE 13

Case study: RTHK Yvonne Tong and the infamous WHO

Radio Television Hong Kong (RTHK), Hong interview
Kong’s public service broadcaster, was In March 2020, as the Covid-19 pandemic
previously widely respected for objective was beginning to spread across the globe,
and independent reporting, and quality RTHK reporter Yvonne Tong interviewed a
content. Although it is publicly-funded and World Health Organisation (WHO) advisor,
its staff are considered civil servants, it Dr Bruce Aylward for an episode of The
operated from the late 1970s until recently Pulse. When Ms Tong asked Dr Aylward a
independently of government, in a similar question about Taiwan, and whether the
way to the British Broadcasting Corporation WHO would consider Taiwan’s membership,
(BBC). That started to change, however, astonishingly he pretended not to hear her
after the 2019 protests, and over the course and suggested she move to the next
of the past two years it has been subjected question. When she repeated her question
to severe censorship, major staff changes, on Taiwan, he then hung up on her. RTHK
the cancellation of several of its major called him back and Ms Tong asked him how
programmes and its transformation from Taiwan has done containing the virus. His
objective and independent public service response, before ending the interview, was:
broadcaster to government-controlled “Well, we’ve already talked about China, and
propaganda outfit. when you look across all the different areas

of China, they’ve actually all done quite a

Stephen Vines, who worked at RTHK for good job. So with that, I’d like to thank you
many years and presented several RTHK very much for inviting us to participate.”
programmes, including Morning Brew and (HKFP, 2020a)
The Pulse, told Hong Kong Watch that in

2019 the pro-Beijing camp became seriously At least 210 complaints were made to the
“exercised” about RTHK. Communications Authority, with pro-regime

voices accusing Ms Tong of advocating

“They would not vote funding through, they Taiwan independence. Secretary for
put a hold on plans for us to move into a Commerce and Economic Development
new premises, they periodically published Edward Yau claimed RTHK’s show had
editorials accusing RTHK of being a ‘disloyal violated the “One China” principle. In June
organisation’ and the general undercurrent 2021 the Communications Authority
became more hostile,” he said. dismissed the complaints as

unsubstantiated, (The Standard, 2021)

IFJ confirms this, noting that “the pro- although Ms Tong, an award-winning
Beijing and pro-police camps regularly journalist, resigned from RTHK in April 2021
accused RTHK of being biased in favour of after enduring a sustained campaign of
the demonstrators against the police.” The criticism and online abuse from the pro-
government’s Communications Authority Beijing camp. (HKFP, 2021e)
was reportedly “deluged with complaints

against RTHK by pro-China activists, who

were particularly upset about an episode of

a satirical show called Headliner, which

poked fun at the Hong Kong police force.”
(IFJ, 2022)
 PAGE 14

The case of Bao Choy investigation could become a punishable

Choy Yuk-ling, known as “Bao Choy”, is an offence highlights the extent of the recent
award-winning journalist who first joined decline in press freedom in Hong Kong.”
RTHK in 2007 and worked on multiple (Reporters without Borders, 2021a)
television programmes until 2016, when she

joined the investigative news agency Fact The sacking of Nabela Qoser
Wire as a founding member. In 2018 she Nabela Qoser was Assistant Programme
rejoined RTHK as a freelance producer for Officer at RTHK and co-host of the
Hong Kong Connection. programme This Week. She was the most

prominent non-ethnic Chinese Cantonese-

In July 2020, Hong Kong Connection speaking news reporter in Hong Kong, born
broadcast a documentary she had made, in Hong Kong to a family that originated
titled 7.21 Who Owns the Truth?, which was from Pakistan.
an investigation into the attack in Yuen

Long by suspected gang members dressed Ms Qoser’s public prominence grew during
in white, on 21 July 2019. The attack, which the 2019 protests, due to her growing
resulted in at least 45 injuries, was reputation for tough questioning of
suspicious because, despite numerous calls government officials, in particular following
to the emergency police number, no police the Yuen Long attack. At a press conference
came to the scene for 39 minutes, and only with Hong Kong’s Chief Executive Carrie
arrived after the mob had left. Using CCTV Lam and government officials on 22 July,
footage to identify vehicles parked near the more than ten hours after the Yuen Long
suspected gang members, Bao Choy attack, Ms Qoser questioned Ms Lam and
requested and obtained publicly available Commissioner of Police Stephen Lo about
vehicle registration records to identify the the government’s delayed response,
owners and therefore potential suspects. contrasting it with the 4 am government

press conference on the night of the

In early November 2020, Bao Choy was protesters’ storming of the Legislative
arrested and charged with making false Council building. She pressed the
statements under the Road Traffic government on whether the police and Triad
Ordinance, and at the same time was gangs had cooperated at Yuen Long, and
suspended from RTHK. In April 2021 she when the Chief Executive refused to
was fined HK$6,000 (approximately respond, Ms Qoser urged her to “answer like
US$770), but avoided a prison sentence. a human being”. She also asked government
(The Guardian, 2021a) officials whether they were able to sleep

well at night in light of the attack. In later

Reporters Without Borders condemned the press conferences she asked the police why
conviction. “Bao Choy was only doing her they did not arrest the mob attackers at
job and collecting information in the Yuen Long. Her line of questioning of
public’s interest and should never have government officials was praised in the
been prosecuted, let alone convicted and media and online forums, and she was
fined”, said Cédric Alviani, RSF East Asia described as a “reporter with conscience.”
bureau head. “The fact that a journalistic (EJI Insight, 2019)

 PAGE 15

In January 2020, Ms Qoser interviewed pro- New Management

Beijing legislator Junius Ho on an episode of In February 2021, a government review
This Week, and questioned him about the concluded that there were “deficiencies” in
Yuen Long attack. She was then subjected RTHK’s management structure, and that it
to racial abuse from some of Mr Ho’s must “make improvements in its system,
supporters after the interview. execution and monitoring”. (Government of

the Hong Kong SAR, 2021b) It announced

In September 2020, RTHK announced they that the director of broadcasting, an
would “reopen” an investigation into experienced journalist called Leung Ka-wing,
complaints about Ms Qoser, received would step down before the end of his
between July and November 2020, contract. “There was a lot of pressure on
concerning her performance during Leung Ka-wing,” recalls Stephen Vines. “But
government press conferences, and he was not a pro-democracy ally, he was
decided to extend her probation for simply a professional broadcaster. He was
another 120 days. Her previous probation largely hands-off in editorial matters, but
period was three years and was due to end cautious.”
in October 2020. According to trade union

leader Gladys Chiu, Ms Qoser had already His successor would be Patrick Li, an
completed six reviews within her probation experienced civil servant who had previously
period. served in various government departments,

including the Home Affairs Department, the

On 21 January 2021, Ms Qoser’s civil service Financial Services and Treasury Bureau and
contract was terminated, and replaced with the Chief Executive’s Office, but had no
a temporary 120-day contract. A week later, media experience whatsoever. (HKFP, 2021k)
over 50 RTHK staff joined a silent protest in At least three employees resigned following
support of Ms Qoser, but in April 2021 his appointment. Stephen Vines said:
RTHK informed her that her contract would

not be renewed when it expired on 30 May, “The atmosphere changed overnight. Patrick
effectively sacking her and ending her Li issued directives by messaging. We would
career at RTHK. (RTHK, 2021c) simply be told that ‘the Director has decided

this’, with no consultation. We were told

On 6 May 2021, her programme – This Week every proposal for a theme, a story, a
– won the 25th Hong Kong Human Rights programme had to be approved by the
Press Awards, presided over by a panel that management. There were so many redlines,
included Amnesty International Hong Kong, but they were never spelled out.”
the Hong Kong Journalists Association and

the Foreign Correspondents’ Club, while Standards for “balanced” reporting changed
Bao Choy’s team at Hong Kong Connection significantly as well, according to Mr Vines.
also won an award for “7.21 Who Owns the

Truth?”. RTHK declined to accept the “We were told we must maintain balance. In
awards. practice, that meant that if you could find

any pro-democracy activist or politician who

was not in jail and was willing to be

interviewed, you had to find a pro-regime
person as well – but in reality, the pro-

 PAGE 16

Beijing people refused to appear alongside a programme Open Line Open View for 11
pro-democracy person. But if you had a years, announced that it was his last
pro-government person, you did not need appearance as a host of the political
to have someone from the other side, we commentary show.
were told. Not much ‘balance’.”

RTHK then announced it would delete its

Editorial changes started being made at the archive of material more than a year old,
last minute. Mr Vines added: (HKFP, 2021f) and in August 2021 it deleted

all tweets and prohibited audience

“A programme would be made, and comments on its Twitter account. (HKFP,
finalised, and then cuts would be made at 2021n) The government then announced that
the eleventh hour because senior RTHK would partner with the mainland’s
management insisted on changes. China Media Group, which controls China
Programmes were becoming CCTV-style Central Television (CCTV) and China
propaganda. A producer who was on the National Radio, to air mainland-produced
HKJA Executive Committee was given an content to “nurture a stronger sense of
ultimatum: leave the HKJA or do sub- patriotism”. (IFJ, 2022)
titling.”

The Chief Executive Carrie Lam was given a

Within three months of Mr Li taking over daily talk show for a month. Commenting on
RTHK, at least 12 new productions were this, Stephen Vines said:
pulled at short notice, and over 200 past

episodes of Hong Kong Connection and The “Nobody from the editorial side knew it was
Pulse were deleted from RTHK’s YouTube going to happen. They brought in people
channel. Programmes such as China on the from outside, former TVB employees, and
Dot, one of RTHK’s best-known radio shows they made about 30 episodes of Carrie Lam
covering mainland China, Headliner, a talking to an interviewee. She did not
satirical current affairs show, Pentaprism, a ‘interview’ them, she talked and they
political opinion programme and Police nodded. It had the lowest production values
Report, a show co-produced with the Hong on the planet. But we were told that Carrie
Kong Police Force, were among those axed. Lam’s talk show was the most important

output from RTHK."

An episode of the political show LegCo

Review was removed from the archives, These dramatic changes at RTHK
because it contained footage of a transformed the broadcaster completely.
Tiananmen Square massacre vigil and had “RTHK had been a very popular, much-loved,
been broadcast without Mr Li’s “final much-respected broadcaster, interwoven
approval”. Mr Li also threatened to halve into the fabric of Hong Kong. It had
the salaries of employees involved in the enormous resources. Alongside commercial
production of content he disapproves of. radio, RTHK was the place people went to
(Reporters without Borders, 2021b) On 29 find out what was happening in 2019,” said
June 2021, the veteran radio host Allan Au Mr Vines.
Ka-lun, host of the current affairs radio

Now it is simply a government propaganda

outlet.

 PAGE 17

A testimony from TVB At the same time, TVB broadcast live all
Hong Kong Watch spoke to a former news police and government press conferences
presenter at TVB, Chris Wong, whose in full and yet, according to the former
personal account of events at the television news anchor, “TVB never covered the
broadcasting group illustrates some of the protesters’ press conferences.”
most extreme forms of censorship. He

provided several examples. The editors would also control the wording

used in news reports very carefully.

In November 2019, pro-democracy district

councillor Andrew Chiu was attacked in Tai “For example, protesters wearing black
Koo Shing, and his ear was bitten off. (HKFP, shirts could only be identified as “black
2019b) Photographs and footage clearly shirts” people, not as protesters. We were
showed the incident. But when Chris Wong told ‘do not say protesters’,” he recalled.
came to present the report of the attack on “On 31 August 2019, I was in the studio
the news broadcast, he found he was being broadcasting live with the reports of the
asked to report a rather different – and very Prince Edward MTR station incident. A
strange – version. passenger yelled that ‘gangs’ were attacking

them, and I repeated their words on air. I

“The script that the editor provided said was then told by a colleague when I went
that Mr Chiu’s ear fell off naturally, off air that my boss was concerned about
somehow. Nobody did anything, it was not a my repeating the passenger’s reference to
bite, and the ear just fell to the floor. The ‘gangs’, because the passenger was
editors did not want to cover violence by referring to the police. On another
pro-Beijing ‘blue’ supporters,” he told Hong occasion, in Shatin, our crew was attacked
Kong Watch. by some protesters, and in the newsroom

the editors decided to report ‘TVB News

More generally, in coverage of the protests condemns protesters attacking crew
TVB focused extensively on violence by members’. My colleague, the anchor, did
some protesters. not want to read this news, and so skipped

the word ‘condemn’ because they thought it

“The police always complained about i-Cable was not appropriate. The anchor was
TV and Apple Daily, claiming they always reprimanded for this.”
focused on the police. They asked media to

focus on the protesters, and TVB did,” said In November 2019, Mr Wong wore a red
the former news presenter. “For the news poppy pin for Remembrance Day, but was
anchors, our job is just to deliver the news, told to take it off.
but we were then criticised by protestors

for focusing so much on them. Even today, I “They regarded wearing a poppy as
and my ex-colleagues still face criticism ‘Western’,” he recalled. “We were also
because they believe TVB was a broadcaster instructed never to wear anything black or
of crime. Unfortunately, TVB damaged the yellow. And during the pandemic, we were
reputation of its journalists, and because of told that black or yellow face masks were
TVB’s reputation, all former employees are forbidden.”
living and working under a lot of public
criticism.”

 PAGE 18

CHAPTER 2: THE IMPACT OF THE NATIONAL SECURITY

LAW ON MEDIA FREEDOM

On 30 June 2020, a new National Security Article 10 says: “The Hong Kong Special
Law was passed by the Standing Committee Administrative Region shall promote
of the National People’s Congress and national security education in schools and
imposed on Hong Kong with immediate universities and through social
effect. The legislation was fast-tracked organisations, the media, the internet and
through with alarming speed, little other means to raise the awareness of Hong
transparency and no scrutiny by or Kong residents of national security and of
consultation with Hong Kong’s legislature, the obligation to abide by the law”.
civil society or any other actors in the city.

The impact of the draconian law, which As the HKJA puts it, under these two articles
focuses particularly on criminalising of the National Security Law, “the media and
vaguely-defined offences of secession, Internet look certain to undergo drastic
subversion, terrorism and collusion with change towards the mainland model.” (HKJA,
foreign organisations, has been to 2021: 9) This includes the introduction of an
effectively dismantle freedom of expression official press card system, subject to annual
in Hong Kong. The result has been the renewal, whereby press cards issued by
disbanding of over 50 civil society groups, media outlets will not be recognised by the
pro-democracy parties, trade unions and government. It also involves heavy
independent media outlets, and the arrest censorship, especially as Article 43 gives the
and imprisonment of former pro- police the power to demand the removal of
democracy legislators, activists, journalists any content deemed in violation of the
and media workers. (HKFP, 2021a) National Security Law, online or offline, and

provides extensive powers for interception

The impact of the law on media freedom of communications and search of premises.
has been significant. Articles 9 and 10 of the Soon after the law was imposed on Hong
National Security Law (2020) makes specific Kong, public libraries, for example,
reference to the media. Article 9 states: withdrew copies of books written by
“The Hong Kong Special Administrative activists such as Joshua Wong, former
Region shall strengthen its work on legislator Tanya Chan and commentator
safeguarding national security and Chin Wan-kan, and schools were ordered to
prevention of terrorist activities. The follow suit. (HKJA, 2021: 10)
Government of the Hong Kong Special

Administrative Region shall take necessary In addition, Article 54 has implications for
measures to strengthen public foreign media, as it states: “The Office for
communication, guidance, supervision and Safeguarding National Security of the
regulation over matters concerning Central People’s Government in the Hong
national security, including those relating Kong Special Administrative Region and the
to schools, universities, social Office of the Commissioner of the Ministry
organisations, the media, and the internet." of Foreign Affairs in the Hong Kong Special
Admin
 PAGE 19

Administrative Region shall, together with In November 2021, the Commissioner’s

the Government of the Hong Kong Special Office of China’s Ministry of Foreign Affairs
Administrative Region, take necessary warned the Foreign Correspondents’ Club
measures to strengthen the management of that its press freedom survey could violate
and services for organs of foreign countries the National Security Law. The club was
and international organisations in the told to stop “meddling in Hong Kong’s
Region, as well as non-governmental affairs”. (HKFP, 2021c)
organisations and news agencies of foreign

countries and from outside the mainland, The National Security Law has been used to
Hong Kong, and Macao of the People’s prosecute Jimmy Lai, prominent pro-
Republic of China in the Region.” The term democracy activist and media
“strengthen the management” of foreign entrepreneur, and force the closure of the
news outlets is, as the IFJ’s report notes, newspaper he owned, Apple Daily, in July
left vague. “The only template is the 2021. A detailed case study of the closure of
situation on the mainland, where foreign Apple Daily follows next in this report.
media outlets are subject to various

restrictions and visa renewals are used as a

tool of control,” the IFJ states. (IFJ, 2022)

On 21 November 2020, popular radio host

Wan Yiu-sing, known as “Giggs”, who
presented a radio show on D100 Radio, was
arrested under the National Security Law
along with his wife and assistant, and
accused of “inciting and funding
secessionist activities” and “money
laundering” after he had set up a
crowdfunding page to help finance young
Hong Kongers to study in Taiwan. Wan had
launched a radio show titled “A thousand of
fathers and mothers: Taiwan education aid
programme” in February 2020, which
discussed topics in support of the 2019 pro-
democracy movement. (IFJ, 2020b)
Concerningly, he also has been charged for
‘seditious intent’ under the Crimes
Ordinance, in a sign that Beijing is using the
National Security Law alongside other
antiquated common law charges to wage
lawfare against media figures. (HKFP,
2021b)

 PAGE 20

Case study: Apple Daily The Bank of China read it, and saw that in
In 1995, two years before the handover of four months you won’t be allowed to take
Hong Kong to China, entrepreneur Jimmy any more ads out. They quickly took out
Lai launched a new newspaper, Apple Daily, four months’ worth of adverts. They were
which was positioned as staunchly pro- all Hong Kong people at this point, all the
democracy and critical of the Chinese guys working at these banks were Hong
Communist Party regime in Beijing. It soon Kong people. The Bank of China, ICBC etc.
became the largest circulation Chinese- all took out ads for four months.” (Hong
language pro-democracy daily newspaper, Kong Watch, 2021)
and was strongly supportive of both the

Umbrella Movement in 2014 and the anti- In 2011-12 the situation deteriorated, under
extradition law protests in 2019. the leadership of CY Leung as Chief

Executive of Hong Kong and Xi Jinping as

For these reasons, the authorities in Beijing General Secretary of the Chinese
always hated the newspaper and its Communist Party. The pressure on Apple
proprietor, Jimmy Lai, but until 2020 the Daily, and other pro-democracy or
authorities tried to suffocate it through less independent media, intensified, and
direct forms of pressure. As Hong Kong businesses, especially local Hong Kong
Watch’s report Red Capital in Hong Kong: companies or international firms with
The invisible hand transforming the city’s significant interests in China, joined the
politics noted, Beijing’s strategy “involved a advertising boycott. Cathay Pacific stopped
combination of litigation, physical advertising in 2012, and major banks such
intimidation and advertising boycotts”. as HSBC, Standard Chartered and the Bank
(Hong Kong Watch, 2021) of East Asia withdrew their advertising

ahead of the Umbrella Movement in 2014.

Financial pressure through advertising (Hong Kong Watch, 2021)
boycotts began in 2003, after the

demonstrations against the introduction of According to Mr Simon:

an anti-subversion law under Article 23 of

Hong Kong’s Basic Law. Mark Simon, who “The line had been firmly drawn, if you do
worked as a senior aide to Jimmy Lai at the something wrong, you’re going to be
newspaper’s parent company Next Digital, punished. That was when TVB, and more
the largest listed media company in Hong importantly ATV, became very pro-
Kong, told Hong Kong Watch: government. That was all financial pressure

which was shaping this. They would never

“2003 changed everything. In 2003, I sat write anti-China stories.” (Hong Kong
with the General Manager of all the major Watch, 2021)
newspapers except Oriental Daily News and

the Communist Party papers… we all got Apple Daily courageously continued to
money from major tycoons to take out anti- report and publish stories and opinions that
Article 23 ads. After the July 1 march of other newspapers would not touch and
2003, in the fall, that was when things survived financially due to Jimmy Lai’s
changed. The messages came out, and the personal investment in the newspaper and
message was that in the fall of 2003, no the support of subscribers and readers, but
more State-Owned Enterprises or property the pressure continued to intensify.
developers were allowed to take ads with us.
 PAGE 21

Pro-Beijing newspaper Oriental Daily arrested. (The Guardian, 2020a) Jimmy Lai,
assigned an entire team of reporters to accused of violating the National Security
harass Jimmy Lai, and other Next Media Law for “colluding with foreign forces”, was
executives and journalists faced threats and paraded through the newsroom in
intimidation. According to one former Apple handcuffs, detained in custody and then
Daily reporter who spoke to Hong Kong released on bail within less than 48 hours.
Watch, Apple Daily’s finance reporters were The public response to the arrests and
usually excluded from corporate press police raid was extraordinary: The share
conferences, especially after the 2019 price of Apple Daily’s parent company, Next
protests and particularly by China-listed Digital, soared by over 1000%, and Hong
companies. Kongers queued from the early hours of the

morning to buy copies of the newspaper.

“Some companies with big interests in China However, this led to the arrest on 10
were much more cautious, even though September, a month after the police raid, of
Apple Daily was the largest pro-democracy 15 Next Digital executives on allegations of
newspaper,” she said. “Those companies that “fraud” and of manipulating the share price.
still engaged with us usually took almost a (The Guardian, 2020b)
day to respond to media enquiries.”

The next phase of the campaign against

The major turning point, however, was the Apple Daily came on 3 December 2020,
imposition of the National Security Law at when Jimmy Lai was again arrested,
the end of June 2020, according to another charged with fraud, denied bail and
former Apple Daily reporter. remanded in police custody until his trial in

April 2021. (BBC, 2020) Two other Next

“Before the National Security Law, we did Digital executives, Royston Chow, the
not have many fears, and there were not company’s chief operating officer and chief
much constraints on what we could write,” financial officer, and the chief
she said. “Even in the early period after the administrative officer Wong Wai-keung
National Security Law was introduced, there were also arrested and charged with fraud,
was some space. We were not very worried. although they were released on bail. All
But when Jimmy Lai was arrested for the three were accused of breaching land-lease
first time [on National Security Law terms by improperly using Next Digital’s
charges], that was a big moment, although office space in Tseung Kwan O for purposes
we still thought we could produce news as not permitted by the lease.
usual and report what we thought was

important. We tried to continue as normal. Jimmy Lai was later released on bail under
But then in June 2021, everything changed.” strict terms of house arrest, and was able

to spend Christmas 2020 at home with his

On 10 August 2020, over 100 officers from family, but prosecutors succeeded in over-
the Hong Kong Police Force raided the Apple turning the bail approval on 31 December
Daily newsroom and, separately, arrested 2020 and he returned to prison.
Jimmy Lai and one of his sons at his home. At

least five other senior executives were also On 29 December 2020, Jimmy Lai resigned
as chair of the board of Next Digital, and on

 PAGE 22

17 May 2021 his shares in the company, that it was unable to pay salaries, rent and
which amounted to 71% worth HK$350 other bills. According to Mark Clifford,
million (US$45 million), were frozen. former editor of the South China Morning
(Reuters, 2021) Post and a director of Next Digital, the

company was prohibited from using any of

On 17 June 2021, the Hong Kong Police Force
its other bank accounts to pay salaries and
launched another raid of Apple Daily’s
bills. “We were frozen out of business,” he
offices, sending in 550 armed police officers
told Hong Kong Watch. Ironically, the
at 6 am. (Al Jazeera, 2021) Five senior
company was also taken to a labour tribunal
employees were arrested during the raid,
for failure to pay salaries. The following
including the Next Digital Chief Executive
day, 24 June, it published its final edition.
Cheung Kim-hung, the Chief Operating
Thousands of Hong Kongers queued for
Officer Royston Chow, Apple Daily’s editor-
hours to buy copies, and the previous
in-chief Ryan Law, Associate Publisher Chan
Pui-man and the manager of the online news evening crowds gathered in front of the

platform, Cheung Chi-wai, and others were newspaper’s offices in support. Staff and
arrested subsequently. The authorities also supporters shone mobile phone lights at
froze HK$18 million worth of assets. Two each other in solidarity.
days later, two of the five who had been

arrested were charged under the National Mark Clifford, now based in New York, said
Security Law for “colluding with foreign that “all of the Hong Kong-based directors
forces”, and the other three were released of the company are now incarcerated”. The
on bail. On 23 June 2021, an Apple Daily police, he added, began investigating at
columnist was arrested under the National least 100 articles published by the
Security Law, and four days later, on 27 newspaper which may violate the National
June, Fung Wai-kong, a senior editorial Security Law.
writer, was arrested at the airport at 10pm
as he was about to board a flight to the
On 13 December 2021 Jimmy Lai was
United Kingdom. (The Guardian, 2021a) He
sentenced to a 13-month prison term on
was also charged under the National
charges of inciting others to participate in
Security Law with “collusion with foreign
an unlawful assembly, for his participation
forces,” becoming the seventh media worker
in a vigil to mark the anniversary of the
to be arrested under the draconian law
1989 Tiananmen Square massacre.
within a week. At the time of writing, all
However, this is the first of several
seven former Apple Daily employees are in
sentences he will serve, as he faces multiple
prison awaiting trial.

further charges under the National Security

On 23 June 2021, Apple Daily announced that Law and under other laws, and is awaiting
it would close. (BBC, 2021a) Despite showing trial for several of these charges. He is
extraordinary courage and determination to likely to spend many years in prison.
continue, and despite having HK$400 million

in the bank and 600,000 paid subscribers,

which would have enabled it to continue to
print for at least another 18 months, the
freezing of its three bank accounts meant
 PAGE 23

For the more than 600 former journalists That is the most significant question,
from Apple Daily, finding a new job has been because the red lines keep moving and acts
challenging. Some joined Stand News, the that a year ago were still normal and legal
only remaining significant independent could today be a crime under the National
media outlet, but then lost their jobs again Security Law.
when that publication was shut down in

December 2021. (BBC, 2021b) Many had to On 28 December 2021, Jimmy Lai and six
leave journalism because no other media former Apple Daily journalists were charged
organisation in Hong Kong would employ with “conspiracy to “print, publish, sell,
former Apple Daily staff. Some moved into offer for sale, distribute, display and/or
public relations work, but others – as an reproduce seditious publications.” (Reuters,
article in Vice describes – ended up as taxi 2021b) The forced closure of Apple Daily
drivers, setting up small restaurants or marked a death knell for media freedom in
working in small “diners” selling fried Hong Kong.
chicken. (Vice, 2022) Others have left Hong
Kong and started new lives in the United
Kingdom, Canada, the United States and
elsewhere. According to Bloomberg, at least
1,115 jobs have been lost in the media sector,
which accounts for approximately 20
percent of media workers in Chinese-
language media outlets. (Bloomberg, 2022)

One former reporter now based in the

United Kingdom has continued to work as a
freelance journalist but has concerns about
using his real name in his by-line, in fear of
the implications if he returns to Hong Kong.
“I have to think much more about personal
safety. I wanted to continue as a journalist,
and there are a lot of stories to report on
from the Hong Kong community, but I have
to ask myself: are certain stories dangerous
to write with my real name even from
London, is it dangerous to interview certain
exiled activists, where are the red lines?”.

 PAGE 24

Case study: Stand News promised to pursue evidence against those

On 29 December 2021, in the early hours of who threaten national security “in disguise
the morning, approximately 200 Hong Kong of the media”. (RTHK, 2021a) These threats
police officers raided the offices of Stand appear with hindsight to have been an omen
News, one of the last remaining significant of what then hit Stand News just over three
independent media outlet in the city. weeks later.
(HKFP, 2021m)

Defending the police raid and the arrests,

In scenes reminiscent of the raids on Apple Hong Kong Chief Executive Carrie Lam
Daily, police seized boxes of documents, dismissed claims of violating press freedom.
computers, telephones and other materials. “These actions are law enforcement
At the same time, the publication’s assets actions,” she told a press conference. “These
were frozen and seven individuals were actions have nothing to do with the so-
arrested on suspicion of “conspiracy to called suppression of press freedom or
publish seditious publications.” They suppression of democracy … Journalism is
included acting Chief Editor Patrick Lam. not sedition. But seditious acts and activities
The home of Deputy Assignment Editor and inciting other people through public
Ronson Chan, who also led the Hong Kong acts and activities could not be condoned
Journalist’s Association, was also searched. under the guise of news reporting. It should
The popular singer Denise Ho, who has be very clear what is reporting of news, and
Canadian citizenship and prominent lawyer what is seditious acts or activities to
Margaret Ng, who has British citizenship, undermine national security.” (Government
who had both previously served on the of the Hong Kong SAR, 2021a)
media outlet’s board, were also arrested.

The Foreign Correspondents’ Club of Hong

The raid and arrests were followed the Kong described the arrests as “a further
same day by an announcement by Stand blow to press freedom in Hong Kong” which
News that it would close immediately. will “continue to chill the media
Although the attack on Stand News was not environment in the city following a difficult
unexpected, it was still a shock to many. In year for the city’s news outlets.” (FCC,
June 2021, following the closure of Apple 2021d) Steven Butler, Asia director at the
Daily, Stand News announced that it would Committee to Protect Journalists, said it was
be removing its opinion articles and halting “an open assault on Hong Kong’s already
its donations scheme. Six of the company’s tattered press freedom as China steps up
directors, including Margaret Ng and direct control over the former colony.” (CPJ,
Denise Ho, resigned from their posts. 2021)
(HKFP, 2021d) These actions were not

enough to protect them. The Office of the United Nations High

Commissioner for Human Rights said it was

On 3 December 2021, Hong Kong’s Security “alarmed” by the continuing “crackdown on
Minister Chris Tang criticised Stand News’ civic space,” including the assault on Stand
reporting about the Castle Peak News, and politicians around the world,
Immigration Centre and the conduct of the including the United Kingdom, Canada,
Hong Kong Police Force, describing it as Germany and Taiwan, condemned the
“biased, smearing and demonising” and arrests. (Reuters, 2021c)
 PAGE 25

One difference between the case of Stand

News and Apple Daily is that the authorities
chose to use the Crimes Ordinance, an old
colonial law, to charge Stand News
personnel, instead of the National Security
Law. The charge is “conspiracy to produce
seditious publications”.

On 3 January 2022, Citizen News, an online

independent news outlet, announced its
decision to close, citing concerns for staff
safety. “At the centre of a brewing storm,
we found ourselves in a critical situation,”
the outlet announced. “In the face of a
crisis, we must ensure the safety and well-
being of everyone who are on board.” (The
Guardian, 2022)

 PAGE 26

CHAPTER 3: ADDITIONAL RESTRICTIONS TO PRESS

FREEDOM IN THE NATIONAL SECURITY LAW ERA

New restrictions on access to public publicly-listed companies in Hong Kong. In

records October 2021, the Companies Registry and
Hong Kong does not have a freedom of the Land Registry introduced further
information act, and there is no legislation requirements for searches, requiring those
requiring preservation of government carrying out a search to provide their name
records, but until 2019 journalists had and identification documents.
extensive access to publicly available

records. These included birth and marriage Matthew Leung, a former Ming Pao reporter,
records, vehicle ownership records, the believes these restrictions significantly
addresses of company directors, identity affect how journalists work.
card details and other information useful

for verifying identity. However, a stream of “We used vehicle registration records a lot,
new restrictions introduced in 2019, and for example to track down a victim or
especially alongside the National Security accused offender of a traffic accident, which
Law in 2020, severely limit journalists’ was not something politically sensitive. Now
access, hindering legitimate investigative the risk is so high that some media
reporting and putting reporters at companies require reporters to get
increased legal risk. The case of Bao Choy management’s approval before considering
detailed earlier in this report is illustrative doing registration checks, and it has to be
of this. done using chief editors or consulting

editors’ credit cards to check the registry as

In October 2019, the Immigration the company does not want to put their
Department changed the rules for access to reporters’ necks on the line. Registration
birth and marriage records, permitting such checks used to be the most common tool for
access only with the agreement of the reporters to find leads for their work, but
person whose records are being searched. now the threat has become so imminent that
Earlier that year, the Transport Department media personnel have to evaluate the risk
changed the form for searching vehicle and public interest before using this
ownership records, removing the box formerly common tool.”
marked “Other” as a reason for the search.

Journalists are now required to declare The HKJA argues these measures have
their reason for the search, making their “created obstacles by reducing information
ability to search the records more difficult. accessible to reporters and the public, thus

making it more difficult for reporters to

In March 2021, the Companies Registry carry out investigative reporting”. (HKJA,
announced it would no longer make 2021) It will make it increasingly more
available the residential addresses and full difficult to expose corruption or wrong-
identity card numbers of company doing by government officials or company
directors. Previously, financial journalists directors, and to hold public figures
could search the registry to be able to accountable.
identify the representatives and owners of
 PAGE 27

The dangers of a “fake news” law Despite the outcry, Mr Tang continued to
To mark Hong Kong’s first “National highlight the issue, warning on 11 May 2021
Security Education Day” on 15 April 2021, that journalists publishing “fake news” could
the then Commissioner of Police Chris be in breach of the National Security Law,
Tang, who is now Secretary for Security, saying that the Hong Kong Police Force
warned that media outlets that publish would respond if reports “incite hatred and
what he called “fake news” may be violating divide society”. (RTHK, 2021b)
national security and would be

investigated. “Agents of foreign forces In February 2022, Radio Free Asia reported
disseminate fake news and disinformation that the government aims to complete a
to drive a wedge in the community, cause study on combating “fake news” within the
division in society and to incite violence,” first six months of 2022. At the time of
he said. ““For those endangering Hong writing this report, legislation has not been
Kong’s security using fake news, we will tabled in the Legislative Council, but
launch an investigation right away, and journalists fear it could be wide-ranging and
when there is evidence, we will pursue a might target not only mainstream media, but
prosecution,” he said. (HKFP, 2021g) social media and channels such as Telegram,

which were widely used in the 2019 protests.

A few days later, on 20 April 2021, in an (RFA, 2022) Former Ming Pao reporter
interview on TVB’s Straight Talk, Mr Tang Matthew Leung believes this legislation “is
called for a law to criminalise ‘fake news’. going to be reality very soon” because the
(SCMP, 2021) “I think it is good to have such government controls the Legislative Council.
a law,” he said, “for every law that can

assist the national security and assist us to “I do not know the details or how tight the
make Hong Kong safer.” knots tying our hands will be, but I think it

will be extreme. And they will probably shut

The Foreign Correspondents’ Club down any remaining voices that might be in
responded with an open letter to the Police a position to oppose it before they table it.”
Commissioner on 22 April, seeking

clarification on how “fake news” would be Pressure on foreign correspondents

defined, what forms of reporting could be In November 2018, Victor Mallet, the
affected, and how such a law could be Financial Times’ Asia News Editor based in
consistent with press freedom. “The term Hong Kong, was expelled from the city, his
‘fake news’ is vague, subjective and has work visa renewal denied. His crime? To
been used by public figures around the have chaired an event at the Foreign
world to attack coverage they view as Correspondents’ Club (FCC), of which he was
unfavourable – and the journalists vice-president, at which a pro-
responsible for it – even when it is factually independence activist, Andy Chan, convenor
correct,” the FCC said. “In addition, ‘fake of the Hong Kong National Party, spoke. Mr
news’ legislation has been used to suppress Mallet had not endorsed Mr Chan’s advocacy
press freedom and freedom of speech in of Hong Kong independence, nor had he
numerous countries … Many media experts personally invited Mr Chan to the club – he
have stopped using the term ‘fake news’ merely chaired the event. His expulsion
because it is so ill-defined.” (FCC, 2021b) from Hong Kong was an early warning sign

of further threats to come for foreign

correspondents in Hong Kong.

 PAGE 28

Several foreign journalists have In addition to these growing threats to

experienced similar treatment since 2019. foreign journalists, several major
In July 2019, Hong Kong authorities international media outlets have withdrawn
rejected a visa application for Chris from Hong Kong since the imposition of the
Buckley, an Australian journalist working National Security Law. The New York Times
for The New York Times and previously relocated much of its staff to Seoul, saying
based in mainland China. In August 2020, that the National Security Law “unsettled
Irish journalist Aaron McNicholas was news organisations and created uncertainty
denied a visa to work for Hong Kong Free about the city’s prospects as a hub for
Press. In November 2021, Australian journalism”. (New York Times, 2020)
journalist Sue-Lin Wong, The Economist’s

correspondent in Hong Kong, was denied a The security of local Hong Kong journalists
visa. (HKFP, 2021l) working for international media is another

concern. In August 2020 Wilson Li, a

In August 2020, it was reported that visa freelance reporter in Hong Kong for the
applications for journalists are being United Kingdom-based broadcaster ITV
scrutinised by a new national security unit News, was arrested under the National
within the Immigration Department. (HKFP, Security Law. His arrest was not directly due
2020c) The Foreign Correspondents’ Club to his reporting work, but in relation to his
has made several statements on this issue, involvement with activist groups, but it was
expressing in September “its strong nevertheless concerning. (HKFP, 2020b)
opposition to undermining press freedom

by delaying or denying visas to journalists Hong Kongers who talk to foreign journalists
working in the city, using journalists’ visas are also now in significant danger, which has
as a weapon in international disputes or made it extremely difficult for foreign
taking action against journalists for correspondents to find sources and
decisions made by their home countries.” interviewees. Former pro-democracy
(FCC, 2020) legislator Claudia Mo, who was arrested and

is detained under the National Security Law

In December 2021, the Hong Kong for her participation in the pro-democracy
government wrote to both The Wall Street camp’s primary elections in 2020, was
Journal in New York and The Sunday Times denied bail on 28 May 2021 partially on the
in London, complaining about editorials grounds of WhatsApp conversations she had
these two newspapers had published about with journalists from the Wall Street Journal
the election and the possibility of voter and BBC World. (Bloomberg, 2021)
turnout being low or voters spoiling their

ballot papers. Hong Kong officials warned While not as restrictive or dangerous as
that “inciting another person not to vote, or mainland China, many journalists fear the
to cast an invalid vote … is an offence under situation for foreign correspondents in
section 27A of the Elections (Corrupt and Hong Kong is moving in that direction. The
Illegal Conduct) Ordinance, irrespective of Beijing-based Foreign Correspondents’ Club
whether the incitement is made in Hong of China published a report on media
Kong or abroad.” freedom in China in 2021, titled Locked Down
or Kicked Out: Covering China, which found
that 99 percent of foreign journalists
responding
 PAGE 29

responding to its annual survey said

reporting conditions did not meet
international standards, with foreign
journalists and their families facing
increasing surveillance and harassment.
(FCCC, 2021) This may develop in Hong
Kong as the overall crackdown on media
freedom continues.

 PAGE 30

CONCLUSIONS

From financial coercion to outright censorship, from police violence against reporters to
police raids of newsrooms, from draconian legislation leading to the prosecution and
imprisonment of journalists and the closure of publications to the weaponisation of visas for
foreign correspondents, Hong Kong’s media freedoms have been rapidly and dramatically
dismantled. Even the sacking of forty journalists at i-Cable TV, Hong Kong’s largest pay TV
operator, on 1 December 2020 – ostensibly due to the economic impact of Covid-19 – is
regarded by many as having been motivated by political reasons. The entire News Lancet team
which covered the 2019 protests and was highly respected for its investigative journalism was
among the journalists fired. “Given the team’s coverage of the police and administration, it is
difficult not to see this as minimising sensitive reporting in the name of cost-cutting,” the
HKJA said in a statement. (Reuters, 2020)

Yet another measure designed to restrict media freedom in Hong Kong is the decision by the
Hong Kong Police Force to redefine who constitutes a legitimate “media representative” or
“journalist”, thereby restricting access for those not recognised and accredited with the
government’s system. (HKJA, 2021) The Hong Kong Police Force told four journalist unions –
the HKJA, the Hong Kong News Executives’ Association, the Hong Kong Federation of
Journalists and the Hong Kong Press Photographers Association – in a letter on 22 September
2021 that the police would no longer recognise those holding press passes issued by media
workers’ unions such as the HKJA, and would only recognise local media outlets, international
news agencies and media groups registered with the Government News and Media
Information System (GNMIS). This will have a particular impact on freelance reporters,
student journalists, online reporters and citizen journalists.

In early 2022, the situation continued to deteriorate. US-funded broadcaster Radio Free Asia
(RFA), which had a studio in Hong Kong, announced the suspension of some of its Cantonese
programmes and commentaries in February 2022, “until further notice”, citing concerns about
press freedom and the “red lines” of the National Security Law. “Given the dire situation in
Hong Kong, locally based commentators and hosts face increasing risks,” a memo from RFA
read. “It has been clear over the past year that the ‘national security red lines’ are everywhere
in Hong Kong. The freedom of speech accorded to commentators and hosts under Hong
Kong’s Basic Law is not protected by Hong Kong and Chinese laws.” (HKFP, 2022a)

The role of the pro-Beijing media in Hong Kong

In the absence of pro-democracy media, it is worth pausing here to consider the implications
of the erosion of press freedom and how it creates further space for the pro-Beijing media.
The major pro-Beijing newspapers are Ta Kung Pao and Wen Wei Po, with Sing Tao Daily and
Oriental Daily, often taking a pro-Beijing line and they appear to exist to serve two purposes:
providing propaganda for the Chinese Communist Party regime and the Hong Kong
government, and threatening their critics, both in print and through various forms of
harassment.
 PAGE 31

In March 2022, Hong Kong Watch was targeted by Ta Kung Pao, with a full page of five articles
denouncing the organisation’s advocacy work and the activities of its co-founder and Chief
Executive Benedict Rogers.

Ta Kung Pao has regularly attacked pro-democracy politicians, activists, media and judges
(HKBA, 2020). In August 2021 Ronson Chan, Deputy Assignment Editor of Stand News and chair
of the HKJA, was informed he was being tailed by Ta Kung Pao and on 29 December 2021 Ta
Kung Pao published a frontpage story accusing him of soliciting a prostitute. Former pro-
democracy legislator Ted Hui Chi-fung claims he was also followed by Ta Kung Pao in Hong
Kong.

Wen Wei Po behaves in a similar way, and regularly attacked Apple Daily, accusing the pro-
democracy newspaper of being manipulated by foreign forces and spreading hatred against
the Chinese and Hong Kong governments.

On 9 February 2022, Chan Ho-him, a Hong Kong-based journalist with the Financial Times,
wrote an opinion piece describing the death of media freedom in Hong Kong. He cited recent
attacks on Ming Pao, not a newspaper regarded as a pro-democracy outlet.

“Ming Pao, a centrist outlet where I worked early in my career, also came under attack last
month [January], when a pro-Beijing newspaper accused one of its columnists of ‘taking over
Apple Daily’s role to incite’ hatred against authorities. At least six young reporters I know at
the publication have quit and changed careers over the past six months.” (Chan Ho-him, 2022)

In addition to attacking and harassing critics, these newspapers also spread false propaganda.
Following the 19 December 2021 ‘elections’ for the Legislative Council, for example, Ta Kung
Pao described the process as “the most successful election since handover” in which “voters
showed unprecedented passion to participate". It announced a “historic turnout of 98%,”
which was actually just the turnout of the Election Committee constituency of the Legislative
Council elections. Statistically, the general population’s turnout rate was the lowest in
history, with only around 30%. (The Guardian, 2021c) The elections were widely regarded
within Hong Kong and in the international community as completely rigged, with pro-
democracy candidates and parties excluded and the number of directly elected seats reduced
from 35 to just 20, while the total overall number of seats was increased from 70 to 90.

A former senior journalist at Wen Wei Po Ching Cheong confirms that Wen Wei Po and Ta
Kung Pao are “100 per cent party organ newspapers”, as he told journalist Yuen Chan, “CCP
mouthpieces under the direct control of propaganda officials in the CCP’s Hong Kong
apparatus.” In 2015, a Next Magazine investigation showed that a company controlled by
China’s Liaison Office in Hong Kong, Guangdong Xin Wenhua, owned 88.4 per cent of Wen Wei
Po and 99.9 per cent of Ta Kung Pao. In 2016 the two newspapers were merged, according to
Yuen Chan, “to pool editorial and technical resources although they continued to publish
separate newspapers. In terms of editorial direction, little separates the two titles.” (HKFP,
2021j)
 PAGE 32

Where next for Hong Kong’s media?

So where does Hong Kong go from here? Hong Kong has fallen from 18th in the world in 2002
to 80th in 2021, according to Reporters Without Borders World Press Freedom Index.
(Reporters without Borders, 2021c) Hong Kong’s Chief Executive Carrie Lam was among 37
people in the world to be named as “predators of press freedom” by Reporters Without
Borders. (Reporters without Borders, 2021d)

A former Apple Daily reporter told Hong Kong Watch that after the closure of Apple Daily and
Stand News, the next step for the government will be to ensure that:

“…the media have the same opinions as the Chinese Communist Party and the government.
There will be no more room to challenge the government. Although there remains a little bit
of space for covering stories which the government and the Party might not like, we do not
know when that will completely disappear. Space will continue to become narrower and
narrower.”

Matthew Leung, a former Ming Pao reporter, told Hong Kong Watch that he left Hong Kong
due to the situation.

“Press freedom in Hong Kong is deteriorating. News outlets are being closed down. I do not
think I can continue to make a good career in journalism in Hong Kong in the circumstances,”
he said. “If I stayed in Hong Kong I would not be a journalist anymore. The United Kingdom’s
British National Overseas (BNO) visa gave me a chance to leave Hong Kong. If I have to switch
career, why not go to a country where we can speak freely?”

Since the imposition of the National Security Law, over 50 civil society organisations –
including political parties, trade unions and media groups – have disbanded. One of the very
few still holding out is the HKJA, but there are real fears that it could be the next target. In
January 2022 the Registry of Trade Unions (RTU) launched an investigation into the HKJA,
requiring the group to justify how some of its activities are relevant to their objectives. Last
year, the Secretary for Security Chris Tang demanded that the group publicise its membership
list. (HKFP, 2022b) The HKJA’s chair, Ronson Chan, told The Daily Telegraph: “I am mentally
prepared for more police questioning.” (Daily Telegraph, 2022) Several members of the HKJA
Executive Committee have already left Hong Kong.

On 10 March 2022, Hong Kong Watch – a United Kingdom-registered organisation – received

a letter from the Hong Kong Police Force and an email from the National Security Bureau,
alleging that its website posed a threat to China’s national security in violation of the National
Security Law, and demanding that the organisation take down the website within 72 hours.
Failure to comply could result in Hong Kong Watch co-founder and Chief Executive Benedict
Rogers facing a fine of HK$100,000 (US$13,000) and a prison term of up to three years or
potentially life imprisonment. (Financial Times, 2022) The use of the National Security Law’s
extraterritoriality clause, set out in Article 38 of the law, to threaten a foreign activist and
organisation marks a new low and poses a direct threat to free societies and potentially to
media freedom well beyond Hong Kong’s borders.

 PAGE 33

Hong Kong’s Basic Law, the city’s mini-constitution, protects press freedom. Article 27 states:
“Hong Kong residents shall have freedom of speech, of the press and of publication; freedom
of association, of assembly, of procession and of demonstration; and the right and freedom to
form and join trade unions, and to strike.”

Article 19 of the International Covenant on Civil and Political Rights, to which Hong Kong is a
party, states: “Everyone shall have the right to freedom of expression; this right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers,
either orally, in writing or in print, in the form of art, or through any other media of his
choice.”

By dismantling media freedom in Hong Kong, the governments of the People’s Republic of
China and the Hong Kong Special Administrative Region are in flagrant violation of Hong
Kong’s own Basic Law, the ICCPR, the Universal Declaration of Human Rights and the Sino-
British Joint Declaration which promised that Hong Kong’s basic freedoms, way of life and a
high degree of autonomy would be upheld at least for the first fifty years after the handover in
1997. The international community must not allow those responsible for these violations to
get away with impunity and without consequence.

 PAGE 34

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 PAGE 36

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 PAGE 39

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