The Foreign Correspondents’ Club, Hong Kong strongly condemns the arrest of Apple Daily founder and chairman Jimmy Lai and eight others, as well as a police raid on the newspaper’s headquarters that was reportedly carried out by almost 200 officers.

The arrests, and the raid on the newsroom, are a direct assault on Hong Kong’s press freedom and signal a dark new phase in the erosion of the city’s global reputation. Today’s events raise worries that such actions are being used to erase basic freedoms in Hong Kong.

The arrests and the raid were carried out under the new National Security Law, which was imposed on Hong Kong by the Chinese central authorities in Beijing, with no input from Hong Kong. Mainland and Hong Kong officials have given repeated assurances that the new law will target only a tiny number of offenders and that Hong Kong’s cherished freedoms, including freedom of the press, would go unhindered.

Today’s police action upends those assurances. According to the police statement, Mr. Lai was arrested under the section of the law pertaining to collusion with foreign forces. So far, police have provided no public evidence of any crimes, and under the National Security Law, where trials can be conducted entirely in secret, no evidence may be forthcoming.

Police said that nine people between the ages of 23 and 72 had been arrested on suspicion of breaches of the national security law and that the operation was continuing. Alleged offences include collusion with foreign forces or external elements endangering national security.

Mr. Lai has long been known as a staunch advocate of democracy in Hong Kong and a critic of the Chinese Communist Party. Apple Daily, which he founded in 1995, is one of the city’s most popular newspapers because of its pro-democracy stance. He recently opened a Twitter account, and publicly speculated in a May 29 New York Times opinion piece that he was likely to be jailed soon for his pro-democracy views and criticisms of the Communist Party.

Just as troubling as the arrests was the subsequent police action at the Next Digital offices, where uniformed police entered and set up cordons with orange tape, questioned journalists and took down their identifying information, and were seen rifling through notes and papers on reporters’ desks. All of this was witnessed via live-streaming by Apple Daily reporters who continued to video this breach of press freedom and provide continuous coverage online.

During the raid on the newsroom, the Hong Kong Police Force blocked several local and international media outlets from a press briefing at the Apple Daily headquarters about the events. Police at the scene said “only those who’ve not been obstructing police in the past are invited” for the briefing.

Hong Kong has no system of press accreditation, which has been one of the hallmarks of its role as a bastion of press freedom in Asia. In the absence of an accreditation system, it seems some police officers are substituting their judgment as to which media outlets they consider “friendly” and allowed to cover important briefings, and which media they can block.

Police later said those media outlets blocked could watch the police force’s livestream and did not permit journalists present to ask questions. The FCC condemns this development. A livestream provided by the Police Public Relations Bureau is not a substitute for impartial media outlets being able to conduct their own reporting, shoot their own video and provide their own news coverage.

The FCC would like to remind the Hong Kong Police Force that they should not be “inviting” favoured media outlets to cover operations, events and briefings, and barring others. If the police are allowed to decide who counts as a legitimate journalist, it will mark the end of press freedom in Hong Kong, and no critical coverage available to the public. Instead of the free flow of information, Hong Kong will have only propaganda.

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In his May 29 op-ed piece, Mr. Lai warned of the chilling effect the National Security Law would have on Hong Kong. “Every sentence, every word will carry the risk of potential punishment on the mainland,” he wrote. “When it comes to free speech, this law will remodel Hong Kong so that it becomes like the rest of China.”

Unfortunately, today’s events make Mr. Lai’s warning even more prescient.

FCC, Hong Kong

10 August 2020

Response From Chinese Foreign Ministry to FCC Statement on Jimmy Lai Arrest

In response to the statement by the Foreign Correspondents’ Club, Hong Kong on 6 August, the spokesperson of the Commissioner’s Office said that the US has been ramping up political suppression of Chinese media out of the Cold War mentality and ideological bias. The actions by the US have severely disrupted the normal journalistic activities of Chinese media there, tarnished their reputation, and chilled bilateral people-to-people exchanges. While proclaiming itself as a champion of the freedom of the press, the US keeps obstructing Chinese media from doing their job, laying bare its hypocrisy, double standards and hegemonic bullying. If the US is bent on going down the wrong path, China will be compelled to take necessary and just reactions to safeguard its legitimate rights and interests. It is the US that has caused the situation and should be solely responsible for it. We hope FCC, Hong Kong will distinguish right from wrong.

The Hong Kong Special Administrative Region is part of China. The Central Government has the diplomatic authority to take countermeasures against the suppression of Chinese media outlets in the US.

The National Security Law makes it crystal clear that the freedoms of speech, the press and publication of Hong Kong residents will be protected under the law. And the HKSAR Government has also repeatedly reiterated that the law will not erode the institutions that underpin Hong Kong’s success as an international city, including the freedoms of expression and the press, and the free flow of information. Meanwhile, any freedom shall be exercised within legal boundaries, and media outlets are not free from law anywhere in the world. We are firmly against external interference in Hong Kong affairs and China’s internal affairs as a whole on the pretext of the freedom of the press.

The Foreign Correspondents’ Club, Hong Kong is aware of recent examples of delays involving the issuing of visas to foreign journalists in Hong Kong, as well as suggestions by the Chinese government that more foreign journalists could face repercussions in response to U.S. actions. The FCC calls on the Trump administration to lift its restrictions on Chinese media working in the U.S., and on Hong Kong and China’s governments to refrain from retribution in targeting U.S. media and journalists working in Hong Kong.

The FCC opposes using journalists’ visas as a weapon in international disputes and also opposes taking action against journalists for the decisions made by their home countries.

The editor of China’s state-owned Global Times newspaper has suggested American journalists based in Hong Kong will be targeted in retaliation for the Trump administration’s actions against Chinese journalists in the U.S. On Tuesday, a spokesman for the Chinese Ministry of Foreign Affairs warned of “necessary and timely countermeasures” in response to “the unreasonable suppression of Chinese media outlets in the U.S.”

In Hong Kong, several media outlets have published reports about delays in issuing new or renewed visas to journalists working in the city. The delays have affected journalists of multiple nationalities and in some cases have prevented journalists from working. The delays are highly unusual for Hong Kong, a city with historically robust press protections.

The FCC has urged the Hong Kong government to clarify the impact of the new national security law on journalists working in the city, and has asked the government to guarantee, among other things, that journalists will be free to continue their work without intimidation or obstruction. So far, Hong Kong authorities have not provided such clarity or guarantees.

This downward spiral of retaliatory actions aimed at journalists helps no one, not least of all the public that needs accurate, professionally produced information now more than ever.

The Foreign Correspondents’ Club, Hong Kong considers it unfair and self-defeating for China to hold journalists responsible for the actions of the U.S. government. It also condemns the restrictions placed on Chinese journalists in the U.S., who are being singled out unjustifiably for punitive treatment by the Trump administration.

Hong Kong thrives on the free flow of information. Its role as a global financial hub depends on its reputation as an international centre that respects media freedom, eschews censorship and where the population has unfettered access to news and information.

Restricting journalists in Hong Kong by reducing their numbers and interfering with their ability to report freely will damage Hong Kong’s international standing and reputation.

Only July 22, 2020, the Foreign Correspondents’ Club, Hong Kong, wrote to the Hong Kong Police Force requesting an explanation about their treatment of journalists during several incidents at Yuen Long on Tuesday, July 21, when members of the press were repeatedly asked for their credentials. Here is the force’s response, sent on July 24.

The Foreign Correspondents’ Club, Hong Kong has written to the Hong Kong Police Force requesting an explanation about their treatment of journalists during several incidents at Yuen Long on Tuesday, July 21, when members of the press were repeatedly asked for their credentials.

There were several reports, which have been corroborated by footage posted on social media, of journalists wearing yellow vests being asked to produce press credentials when they were covering the first anniversary of the attack at the Yuen Long MTR station.

At least two journalists, wearing yellow vests and holding press badges, received a fixed penalty of 2,000 HKD for taking part in a prohibited group gathering under the ordnance on prevention and control of disease. They said the police had decided they were not journalists.

There were other instances where police “kettled” groups of journalists and checked their press IDs. As there is no official Hong Kong press card, we have asked on what basis the officers decided who was a journalist and who was not.

It appeared that HKJA card holders were accepted, others were asked to show proof that they were being paid, i.e. working as professional journalists, and in other cases it seemed to arbitrarily come down to whether the officer had heard of the journalist’s publication.

Numerous journalists reported having their ID checked multiple times.

The police said they were taking these actions because there are so many “fake reporters” at protest sites, This is an issue that police representatives have raised previously in meetings with FCC delegations.

As we explained at our last meeting with the HKPF, the reality on the ground now is that there are many amateur journalists working in the field. Although they may not be associated with any established media outet, they should be treated with respect and be allowed to operate as long as they are respecting the law.

There are also professional freelance journalists on the ground who may not have a fixed assignment but are working in the hope that they will obtain marketable content, including video and images.

Established media rely on these independent freelancers and also often use unsolicited video and photographs provided by amateur journalists, many of whom may be studying journalism or have recently graduated.

We asked the HKPF to explain:

— Has there been a change of tactics or new orders issued regarding the treatment of journalists on the ground in such situations, particularly when it comes to journalists that officers may consider in their estimation to be “fake”.

—  If officers have been asked to check the credentials of people wearing yellow vests to verify if they are genuine journalists, and if so, what criteria are they using? Has HKPF issued a checklist or guidelines for verifying the status of journalists?  If so, this would seem to be de facto a new system of press registration based on a set of particular set of criteria that none of us has seen.

We requested that the police clarify the situation and reiterated the FCC’s opposition to the idea of a government-regulated press accreditation for journalists in Hong Kong. Such a system would not be in keeping with Hong Kong’s tradition and culture as a place where press freedom is an entrenched value and the rights of journalists to do their job unimpeded is respected.

Read the Hong Kong Police Force response to our letter.

On 24 June, the FCC wrote an open letter to the Chief Executive of Hong Kong, the Hon Carrie Lam Cheng Yuet-ngor, urgently seeking clarification of the potential impact of the pending national security law on the city’s media including foreign correspondents and the broader implications for press freedom. We expressed our concern that the new law will curtail the ability of journalists to report freely about Hong Kong and mainland China, as is our right under Article 27 of the Basic Law. We received a reply from the Chief Executive’s Office, which did not answer any of our specific concerns. We are publishing that letter below, along with second letter requesting an urgent response, especially now that the national security law has taken effect.

On June 24, representatives from the Foreign Correspondents’ Club, Hong Kong, delivered an open letter to the Chief Executive of Hong Kong Special Administrative Region, the Hon Carrie Lam Cheng Yuet-ngor, seeking clarification of the potential impact of the pending national security law on the city’s media including foreign correspondents, and on the broader implications for press freedom.

A new survey conducted by the Hong Kong Journalists Association (HKJA) and released on June 19 showed that an overwhelming majority of journalists in Hong Kong worry about their personal safety if the new national security law is enacted. The legislation, approved by the National People’s Congress in Beijing, would criminalize any act of secession, subversion, terrorism, foreign intervention, and allows Chinese security forces to operate in the city.

Read the CPJ report on the survey here.