Press freedom does not give Hong Kong’s media industry “total immunity,” pro-Beijing heavyweight Maria Tam warned, after police accused Apple Daily’s editor-in-chief of colluding with foreign forces under the national security law.

The Basic Law Committee vice chairperson said while the International Covenant on Civil and Political Rights — which Hong Kong has been a signatory to since 1976 — guarantees everyone the right to freedom of expression, it was subject to certain restrictions.

One of them being, “for the protection of national security or of public order,” Tam said in an interview with Sing Tao Daily published on Saturday, citing the provisions to article 19 of the covenant.

She said that freedom of speech and press does not give “total immunity” to media outlets.

The covenant says such restrictions “shall only be such as are provided by law and are necessary.”

Five Apple Daily staff members were arrested on Thursday, with two of them charged on Saturday with conspiracy to collude with a foreign country or with external elements to endanger national security. Next Digital chief executive officer Cheung Kim-hung and Apple Daily editor-in-chief Ryan Law were denied bail at Saturday’s hearing.

Tam also brought up the cases of veteran journalist Choy Yuk-ling, a freelance producer with Hong Kong public broadcaster RTHK, and Ta Kung Pao senior editor Wong Wai-keung, who were both charged with making a false statement in a public record search.

“No matter if you are Hong Kong Connection or Ta Kung Pao, you will be prosecuted for breaking the same law,” Tam said. Ta Kung Pao is a pro-Beijing newspaper, while Choy co-produced an episode of Hong Kong Connection that was critical of how police had handled a mob attack at a railway station during 2019′s anti-government protests.

Choy was found guilty in April of deceiving the Transport Department twice by using the car ownership details she obtained for news reporting, rather than the officially declared transport-related purpose. She was left with a criminal record and fine of HK$6,000 ($770).

Prosecutors on Thursday decided to drop the charges against Wong, and said he had a clean record and instead put him on a HK$2,000 bond for a year. Wong escaped without a criminal record as long as he does not commit any offenses within the year.

Tam also said it was a reality that newspapers have different political stances and urged journalists to balance news articles if they contained political views from only one side.

She stopped short of making any comments when asked if Apple Daily would be shut down over the recent arrests, only saying that she did not know what evidence police had on the case.

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