Hong Kong press group chief Selina Cheng sues Wall Street Journal over ‘unlawful dismissal’
Hong Kong Free Press
Hong Kong Journalists Association (HKJA) chairperson Selina Cheng has sued her former employer The Wall Street Journal (WSJ), after the newspaper fired her weeks following her election as the leader of the city’s largest press group.
Mediation with the WSJ through legal representatives had been “ineffective,” Cheng told reporters on Tuesday when she brought her case to the Labour Department with her lawyer. She said her request for reinstatement was declined after the company insisted that her sacking was due to redundancy.
On her claim form, Cheng stated that she was laid off unreasonably and unlawfully in mid-July because of her participation in a trade union. She had submitted evidence to the department, but could not disclose further details, the HKJA chair said.
Apart from her civil lawsuit that would be handled at the Labour Tribunal, the ex-WSJ reporter said she was also seeking to pursue her case as a criminal matter. She will meet with investigators from the Labour Department’s claim investigation unit on Wednesday to give a statement and would be willing to testify as a prosecution witness, but the right to prosecute would lie with the government department.
“As head of a trade union in Hong Kong, I request that the Labour Department’s investigation division to take this case seriously [and] investigate my former employer for likely violating the Employment Ordinance,” Cheng said.
Under section 21B of the Employment Ordinance, employees have the right to become a member or an officer of a trade union registered under the Trade Unions Ordinance. It is a criminal offence for an employer to terminate the contract of employment of, penalise, or otherwise discriminate against an employee for exercising such rights. Those convicted could be fined up to HK$100,000.
The legislation also stipulates that in the case of an unlawful dismissal, the Labour Tribunal may order a reinstatement or re-engagement of the dismissed employee. Alternatively, the tribunal may also award terminal payments against the employer, as well as compensation not exceeding HK$150,000 to the employee.
On Tuesday, the Hong Kong press group chief said she also filed an “internal whistle-blower complaint” with Dow Jones, the owner of the WSJ. But the compliance officers had not responded to her allegations, showing that the mechanism was a “sham,” Cheng said.
When asked what she was aiming for through her legal actions, Cheng said the US newspaper had done “irreparable damage” to her reputation and that of the HKJA, a legally registered trade union. Her dismissal showed that the company had “very little respect” for labour rights and laws in Hong Kong, she said.
“I hope Hong Kong’s Labour Department and personnel from the Department of Justice would investigate the case thoroughly and prosecute if any illegal behaviour is detected. Don’t let some employers think that they can solve the problem by paying money,” Cheng said in Cantonese.
Cheng estimated that the legal proceedings could take months, but it would not affect her role as the HKJA chair because she had been doing freelance work to earn income.
In July, Cheng’s position was terminated with immediate effect after UK-based editor Gordon Fairclough flew to Hong Kong to deliver the message in person. Cheng alleged that she had been told to withdraw from the HKJA executive committee election, as well as quit the board which she had served on since 2021, she said.
Cheng said she “declined” the request, after which she was told that her role with the HKJA would be “incompatible” with her job as a reporter covering China’s automobile and energy sectors.
A spokesperson for Dow Jones told HKFP at the time that the company would not comment on specific individuals. They added that the WSJ “has been and continues to be a fierce and vocal advocate for press freedom in Hong Kong and around the world.”
Cheng was elected chairperson of the HKJA at the association’s annual general meeting on June 22, with 100 votes in favour of her candidacy and two against it. A new executive committee was also elected at the meeting.
The 56-year-old press group has come under fire from Hong Kong authorities and state-backed media since the city was wracked by months-long protests and unrest in 2019. The HKJA has been accused of smearing the police force, allowing “fake journalists” to join, and protecting protesters.
On June 21, Secretary for Security Chris Tang claimed the HKJA – the city’s largest press group – did not represent the news media industry as it lacked candidates from local mainstream media.
“Looking at [the list of candidates], it looks more like a foreign journalists’ association to me. Most of them are journalists from foreign media, some are freelancers, some are not even journalists and their organisations have engaged in political activities,” he said in Cantonese.
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