The police has amended the Police General Orders without so much as a by-your-leave, altering the definition of “media representatives” , rescinding the validity of membership cards issued by the Hong Kong Journalists Association(HKJA) or the Hong Kong Press Photographers Association(HKPPA), putting up a list of media outlets issued by government’s Information Services Department as well as a list of internationally acknowledged news agencies. The significant purport of its doing so is to nullify the professional status of the HKJA to issue membership cards, which ferociously deals a blow to freedom of the press.

The “Freedom of the press” over which the Basic Law stands guard does not mean it is guaranteed that official information is reported in a way the officials like it, but it is open to free and licit coverage. All authoritarian regimes have their official mouthpieces, but no one deems that freedom of the press.

Professional and independent journalists and media outlets are the cornerstone of freedom of the press, which is likened to professional and independent Law Society and Bar Association, solicitors and barristers being the linchpin of rule of law. Maintaining the professional standard and code of conduct, independent and autonomous professional societies enjoy public credibility as well as being acknowledged and respected by authorities. They are the fundamental system of Hong Kong, and its capability of guarding against bribery and corruption is irreplaceable.

Although the HKJA was not set up by law, it has consolidated its standing since the 70s last century, preserving the rights and interests of practitioners, apart from safeguarding the standard of practice and code of conduct. Welcoming public monitoring and making every effort to handle every compliant fairly, it has what a professional society is required to possess. The yardstick for issuing membership cards to reporters is objective and stringent, and only subject to the objective professional standard of reporters, not political stands. All these principles are the essential criteria that ensure news reports being independent and up to standard, coverages of criticism and acclaim of official stands and dissent being unfolded before the public for the mass to make a judgement by themselves. The role of the HKJA is recognized not only by the public, but also the government since always. The strongest evidence is that the police used to acknowledge the role and standing of the HKJA and the HKPPA in the Police General Orders. On what ground could the police convince the public that it makes sense to rescind what used to be valid? The police did so on the pretext of too many people calling themselves reporters so that it is difficult for them to carry out law enforcement. However, it has nothing to do with the HKJA for there is no evidence whatsoever to suggest that the HKJA has ever arbitrarily issued membership cards to anyone. According to the statement released on September 22 by ten media organizations, including the HKJA, there have been only 99 membership cards issued since January 2020.

It makes perfect sense that it should be the “profession” but not the authorities to define what a reporter means, so the departments of journalism of seven universities responsible for the professional education and training felt duty-bound to join signatures on a declaration against the amendment. Dealing a blow to professional media societies is tantamount to dealing a blow to freedom of the press. The impact of the police unilaterally altering the definition of “media representatives” is profound. Today journalists suffer; tomorrow lawyers will; today membership cards issued by the HKJA are not recognized so that some reporters cannot cover events and distribute news items; tomorrow membership certificates issued by the Law Society and the Bar Association will be dismissed so that some lawyers will not be able to see their clients in police custody. Only lawyers on an official list available for being hire is just a step away from only reporters on the official list being qualified reporters – a sample can be found on the other side of the Sham Chun River. Not acknowledging the HKJA is way beyond freedom of the press. Can the public afford not to stand with reporters?

(Margaret Ng Ngoi-yee is a barrister, writer and columnist in Hong Kong. She was a member of the Legislative Council of Hong Kong from 1995-1997; 1998-2012.)

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