Choi Yuk-ling is in tears as she insists that “freedom of the press is not a crime”.
The editor and director of RTHK’s “Clang Collection”, Choi Yuk-ling, was charged with two counts of “knowingly making a false statement for the purpose of obtaining a certificate under the Road Traffic Ordinance” for producing a special report on the “7.21 Yuen Long Night”. Magistrate Xu Qiwei ruled on Thursday (22) that Tsai Yuling was convicted of two counts. She was fined $6,000. Tsai Yu-ling wiped her tears with a tissue after hearing the verdict. The case is the first time a journalist has been convicted of book-checking.
The case was sentenced on Thursday at the West Kowloon Magistrates’ Court, where Chief Magistrate Xu Qiwei said Tsoi Yuk Ling was convicted of two charges and sentenced to HK$3,000 each, or a total of $6,000. After hearing the verdict, Tsai Yuling wiped her tears with tissues, and a large number of supporters came forward to encourage her, shouting “not guilty of book-checking, the interview is justified, support Ah Bao (Tsai Yuling)!”
The case has more than 30 journalists and 50 members of the public to attend the court, including foreign consulates, the gallery is full.
After the verdict was announced, outside the West Kowloon Law Courts, Tsoi Yu-ling confessed her feelings to the media. She said the verdict is unbearable, sad, the ruling is unreasonable, disproportionate, not against a person, but the entire news industry, she does not agree to find the truth guilty, but also worried about the case on the future of the press to bring great impact.
Cai Yuling said: first of all, thanks to many friends, many colleagues to accompany me through the six months. Today’s verdict is unbearable, is sad. I think this court ruling, not only I alone, but the entire (news) industry, is all the journalists in Hong Kong. Today’s court ruling has found us “guilty” of the tools that have worked so well in the past to find the truth; personally, I disagree. The court may sentence me today, but I firmly believe in the innocence of the book, and the innocence of freedom of the press.
Talking about the heavy blow to the freedom of the press in Hong Kong, Tsai Yu-ling could not help but shed tears. (Photo by Deng Yingtao)
Tsai Yu-ling: continue to fulfill our vocation
Choi Yuk Ling said she needs to discuss with her legal team whether to appeal the verdict. She does not think she is guilty and will not give up the pursuit of journalism because of this case. However, for the inquiry after the working day whether it can be carried out, Tsai Yu Ling is not optimistic.
She said she did not know what impact the case would have on the future of journalism, but she sincerely hoped that the industry could find a way to continue to abide by the values and fulfill their vocation, and she called on the Hong Kong press not to give up on this.
The defense cited a plea letter from Johnnie Lee, Dean of the School of Journalism and Communication at CUHK, and Shum Yee Lan, former President of the Hong Kong Journalists Association, saying that the defendant is an excellent investigative journalist who has won several awards, and describing investigative journalists as guardians of conscience and detectives of a democratic society. Investigation reports have a considerable impact on the public interest, and that “the purpose of the register is for the freedom of the press, is a matter of public concern, the defendant is not for their own personal interests, the vehicle register has been a tool used by the media in the past, no criminal cases in the past, this is the first time.”
On April 22, 2021, supporters hold banners in solidarity with Tsai Yu-ling. (Photo by Liu Shaofeng)
Officer: whether the defendant has a good motive is not important
Chief Magistrate Xu Qiwei said that the public does not have absolute rights, whether the defendant in good faith motive to request information is not important, the court has to consider whether the statements made by the defendant is false. The defendant’s application for a vehicle certificate was found to be a false statement.
Mr. Xu continued that the defense argued that the Commissioner of Transportation must approve any application for a vehicle certificate, regardless of the purpose. The magistrate considered the argument “obviously untenable”, saying that the department has the right to request the applicant to provide the purpose of the registered owner of the vehicle, and has the responsibility to handle it carefully, because it is important personal information, and anyone can use the certificate of access to the vehicle program, there is a chance that it will be used for illegal acts, such as revenge, nuisance behavior, when the owner of the vehicle Personal data to the Department, is not expected to be used for purposes unrelated to traffic and transport matters.
Magistrate: Interview and reporting purposes are not related to traffic matters
The magistrate said that the defense explained that the vehicle involved in the program “Clanking” produced by the defendant was used to transport the assailant and the weapon suspected to be used in the crime on July 21 of the previous year, which was related to transportation matters. The magistrate did not accept the argument that the Director must have known the use.
It was also mentioned that there was no doubt that the purpose of the defendant’s application for the vehicle certificate was to obtain the name and address of the registered owner of the vehicle in question and to conduct interviews and reports, but that the purpose of the interviews and reports was not itself related to “other traffic and transport related matters”.
The program involved in the case won a news award
The program’s producer union members showed up in solidarity and pulled up a banner that read “No Fear, No Fear, No Selfishness, Defend Freedom of the Press,” and there was also public solidarity.
The program in question, “7.21 Who Owns the Truth,” has won the Golden Yao Yu Press Freedom Award. But Radio Television Hong Kong said it had withdrawn from nomination for the award and would not receive it.
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