Hong Kong court denies journalist body’s bid to get all members access to chief executive election
But it granted leave for association to challenge government decision to ban online media from official events, government news portal
The High Court refused to grant an urgent interim order on Friday which would allow all full members of the Hong Kong Journalists Association to access media events and facilities during the chief executive election this Sunday.
But the same court granted leave for the independent trade union to challenge the government’s blanket ban which bars online media from official events and the government news portal, after finding there was “a reasonably arguable case for judicial review”.
The legal challenge filed on Thursday came two days after the government refused to grant access to digital-only news outlets as authorities were still reviewing the accreditation of online media. Last December, the Ombudsman found maladministration in the government’s handling of online media accreditation.
Mr Justice Godfrey Lam Wan-ho observed that the government was “taking an awfully long time” to conduct the review with “no evidence of any progress” since the association began its campaign in 2012.
However, he also noted that the present application was not about depriving the public of certain information but rather transferring the government’s gatekeeping function to the association.
“The applicant is effectively asking this court to accredit its members simply on the basis of its membership system,” he said, referring to an internal vetting system which classifies those with more than 50 per cent of their income derived from journalistic work as its full members.
“In my view, this is not the proper course.”
The failure of the bid affects 26 full members of the association from 10 digital-only news outlets such as Stand News, Initium and Hong Kong Free Press.
Association chairwoman Sham Yee-lan said it respected and welcomed the court rulings, and called for the government to make ad hoc arrangements until the completion of the review.
The government is expecting 1,000 journalists to show up on election day, with 180 working tables and 360 press seats at the voting venue.
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But Victor Dawes SC, defending the government, said the association was merely trying to impose its preferred solution on a public body without any consultation with industry stakeholders.
“Why should they be the umpire of who should be given the ticket this Sunday?” he asked. “As a responsible public body we cannot delegate the power; we have to work out a solution.”
Dawes also questioned why the application was made at such late notice when the date of election was gazetted nine months ago.
