Labor Rights Perspective] The Department of Justice owes workers an explanation for blatant discrimination against unionized employers

 

Recently, Cheng Ka-yu, chairperson of the Hong Kong Journalists Association, who was fired by the Wall Street Journal, filed a private prosecution, alleging that the employer violated the Employment Ordinance's provisions regarding the prevention of discrimination against trade unions. This case involves a criminal offense committed by the employer, and the Labour Department has the responsibility to enforce the law. Why, then, is the victim being forced to pay out of pocket to hire a lawyer to fight her former employer in court?

• [Hong Kong Court] The chairman of the Hong Kong Journalists Association sued WSJ for illegal dismissal; the Department of Justice considered intervening and had previously recommended not to prosecute.
• Hong Kong Journalists Association Aftermath | Over 20 foreign media outlets in Hong Kong have not responded to questions about whether their employees can run for unions, prompting concerns among overseas journalists about a chilling effect.
• Hong Kong's May Day parades have vanished, leaving workers feeling lost after losing their traditional comrades.

Revelations from the case revealed that the Department of Justice had already instructed the Labour Department in December of last year: to recommend no prosecution. The Department of Justice's judgment is puzzling. If based purely on legal considerations, with evidence and motive, why did they reach the absurd conclusion of "no prosecution"? To date, neither the Department of Justice nor the Labour Department has provided a public explanation. However, in today's Hong Kong, where "governance leads to prosperity," the SAR government's infiltration of political considerations into its handling of court cases is no longer news. Consider this: Cheng Ka-ru assumed the presidency of the Hong Kong Journalists Association to defend press freedom, which is at stake. The Wall Street Journal management's attempt to ban Cheng from union membership stems from the fact that Hong Kong has become "a place where press freedom is not established." Once the case goes to trial, the testimony from both the prosecution and defense, as well as witnesses, will inevitably expose the SAR government, which has consistently claimed that press freedom remains intact under the illegal National Security Law, once again in the international community.