In A Rare Win In Hong Kong, A Court Overturned This Journalist’s Conviction For Doing Her Job

Bao Choy was found guilty of “making false statements” to access a public database for a piece critical of Hong Kong police.

In A Rare Win In Hong Kong, A Court Overturned This Journalist’s Conviction For Doing Her Job

In a rare win for press freedom in Hong Kong, a court has overturned the conviction of a journalist who was found guilty of a crime after she used a public database for a piece critical of Hong Kong police.

Bao Choy, also known as Choy Yuk-ling, had worked on an investigation into Hong Kong police’s failure to respond to a mob attack on pro-democracy protests in July 2019.

Radio Television Hong Kong (RTHK) producer Bao Choy Yuk-ling (C) is surrounded by members of the press at the West Kowloon Courts building in Hong Kong on April 22, 2021, after she was found guilty. (Photo by ANTHONY WALLACE/AFP via Getty Images)

During the attack, a group of men dressed in white stormed a train station, chasing and beating pro-democracy protesters and passengers with sticks, leaving 45 people injured, including a pregnant woman.

yuen long station white tee people open gate

Despite thousands of calls, police didn’t arrive at the scene until 39 minutes after the attack started, when the attackers had already left.

The incident is one of the most consequential of the 2019 Hong Kong protests and undermined public confidence in the police, who have since sought to rewrite the narrative by calling it a clash between “evenly matched rivals,” according to the Washington Post.

As part of her investigation into the attack at Yuen Long, Choy had used a public database to look up license plates of the suspected attackers.

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RTHK producer Bao Choy (C) stands with her supporters after arriving to West Kowloon Magistrates Court, in Hong Kong on March 24, 2021. (Photo by PETER PARKS/AFP via Getty Images)

The license plate searches “revealed links between allegedly attackers and influential pro-Beijing village committees,” the Guardian reported.

She was then arrested and found guilty in April 2021 for “making false statements” to access the public vehicle registration database.

Radio Television Hong Kong (RTHK) producer Bao Choy Yuk-ling (C) reacts as she speaks to the press at the West Kowloon Courts building in Hong Kong on April 22, 2021, after she was found guilty. (Photo by ANTHONY WALLACE/AFP via Getty Images)

The court said that Choy had violated Hong Kong’s Road Traffic Ordinance because “reporting and newsgathering is not connected to traffic and transport related matters.”

Choy was ordered to pay a fine of 6,000 Hong Kong dollars ($774). She originally faced up to a six month prison sentence, but it was commuted considering the awards and the merits of her work.

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Radio Television Hong Kong (RTHK) producer Bao Choy Yuk-ling reacts as she speaks to the press at the West Kowloon Courts building in Hong Kong on April 22, 2021, after she was found guilty. (Photo by ANTHONY WALLACE/AFP via Getty Images)

It was the first time a member of the news media has been prosecuted in Hong Kong for reporting, according to the Washington Post.

The verdict drew widespread criticism for setting a precedence of a crackdown on press freedom in Hong Kong.

Journalist Bao Choy stands with her supporters who display placards reading “Journalism is not a crime.” outside the Fanling Magistrates’ Court in Hong Kong on November 11, 2020. (Photo by Isaac Wong/SOPA Images/LightRocket via Getty Images)

Choy later appealed, and on Monday June 5, five judges at a court voted unanimously to overturn Choy’s conviction.

The court said that Choy may not have not knowingly made false statements as other news companies had also filed similar applications for information, according to the New York Times.

Radio Television Hong Kong (RTHK) producer Bao Choy Yuk-ling (C) speaks to the press at the West Kowloon Courts building in Hong Kong on April 22, 2021, after she was found guilty. (Photo by ANTHONY WALLACE/AFP via Getty Images)

The judges said that the previous verdict was a “substantial and grave injustice” towards Choy as it assumed she had broken the law knowingly.

“It seems I haven’t felt happy about something in a long time,” Choy said after the ruling. “Maybe a lot of people feel the same way. So let us all enjoy this moment of happiness.”

Former RTHK producer Bao Choy speaking to reporters outside the High Court after losing an appeal on November 7, 2022 in Hong Kong, China. (Photo by Vernon Yuen/NurPhoto)

Her RTHK documentary “7.21 Who Owns The Truth?” was awarded the Kam Yiu-yu Press Freedom Award, one of the highest journalistic honors in Hong Kong, in 2021.

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