WSJ parent convicted of deterring union rights
HK01 · 4 SOURCESabout 3 hours ago5 MIN
Summary
Eastern Court on Thursday convicted Dow Jones Publishing Co. (Asia), Inc., the parent company of The Wall Street Journal in Asia, on one charge of deterring an employee from exercising rights under Hong Kong’s Trade Unions Ordinance, while acquitting it on a separate charge alleging dismissal for exercising those rights. The private prosecution was brought by Hong Kong Journalists Association chairperson Selina Cheng (鄭嘉如), who said she had been asked to withdraw from the union election and was later dismissed less than a month after taking office in 2024. Principal Magistrate Cheung Chi-wai (張志偉) held that requiring Cheng to obtain company approval before running for union office was a calculated act intended to stop her from exercising that right. He said, however, that the court could not rule out the company’s explanation that her later dismissal was part of a job restructuring, so that charge failed.
Key Points
- The defendant was Dow Jones Publishing Co. (Asia), Inc., identified in court as the parent company of The Wall Street Journal, facing two labour-related charges.
- The first charge concerned conduct between June 21 and June 22, 2024, when Cheng was allegedly told approval was needed to run and would be refused
- The court found the request for prior company consent amounted to a threat and the only reasonable inference was to block her bid for HKJA chairperson.
- The second charge alleged Cheng was dismissed on July 17, 2024 because she had exercised her right to serve as a union officer
- The case was adjourned for mitigation and sentencing on a date to be fixed, with both prosecution and defence reserving costs applications.
Why It Matters
The ruling draws a legal line around what employers in Hong Kong may do when staff seek office in registered unions, even where a dismissal allegation is not proved. For newsroom employees and other workers, the split verdict shows courts may distinguish between pressure before an election and the stated business reasons for a later termination.