Journalist Bao Choy wins appeal at Hong Kong’s top court

Court of Final Appeal overturns conviction because ‘substantial and grave wrong’ was committed.

Documentary journalist Bao Choy has won her appeal to Hong Kong’s highest court over a conviction for access to vehicle registrations.

Choy, who worked as a freelancer for public broadcaster RTHK, wanted to use the data to find out who was involved in a violent attack on protesters and train passengers at Yuen Long station during the 2019 mass protests.

She was convicted in April 2021 of two counts of making false statements to obtain information and fined 6,000 Hong Kong dollars ($764).

The appeal to the Court of Final Appeal, which began May 3, was her last chance to overturn the ruling.

In a written ruling on Monday, the Court of Final Appeal said Choy had been “substantially and gravely wronged” by concluding that she knowingly made false statements when accessing the vehicle registration data search application database.

The verdict said there was no reason to exclude “bona fide journalism” from the term.

The case revolved around what constitutes “traffic and transportation-related matters” — one of three reasons available to those who search online public records — and whether it includes reporting. The other options are “transport related lawsuits” or “buy and sell vehicle”.

Choy chose the former because it involved using a vehicle on the road.

Choy told reporters outside court that she was pleased with the decision, saying it had highlighted the importance of the city’s constitutionally protected press and speech.

She said she hoped it would be an encouragement to all reporters still working in the city.

Hong Kong’s once-vibrant local media has been under pressure since China imposed a national security law in 2020 that forced outlets like the Apple Daily and Stand News to close. Last year, the area dropped to 148th in Reporters Without Borders’ world press freedom rankings.

Before Choy’s arrest, it was common practice for the Hong Kong media to have access to public records, such as vehicle, land and business records, for use in their reporting, and none had ever been prosecuted.

The attack on Yuen Long came amid heightened tensions over mass opposition to a bill by then-Chief Executive Carrie Lam that would have allowed people to be extradited to mainland China.

The violent attack by men with sticks and poles was streamed live on social media, but it took police 39 minutes to arrive on the scene.

Seven pro-government supporters were jailed in July 2021 for what the trial judge described as an “arbitrary attack”.