Hong Kong court to rule on alleged illegal firing of ex-Wall St Journal reporter in Sept

A Hong Kong court will rule in September on the alleged illegal firing of a former Wall Street Journal reporter, who was dismissed shortly after she took up a leadership role at a press union.

Selina Cheng initiated a private prosecution against Dow Jones Publishing, the parent company of her former employer WSJ, for her alleged unlawful dismissal in July 2024, after she was elected chair of the Hong Kong Journalists Association (HKJA).

The court heard closing submissions on Monday as the trial entered its 12th day at the Eastern Magistrates’ Courts. Both parties argued over whether either Cheng’s then-supervisor at WSJ, or a human resources director at Dow Jones, represented the company.

The court previously heard that Deborah Ball, WSJ’s Asia editor and Cheng’s supervisor at the time, told Cheng that her intention to stand for office at the HKJA was “not compatible” with her employment with the newspaper.

Kerene Ko, a human resources director at Dow Jones at the time, later informed Cheng by email that she “did not seek, and will not receive the company’s approval to pursue this role [HKJA’s chair],” the court had heard.

Senior Counsel Nigel Kat, representing Cheng, said on Monday that an employee enjoys “far-reaching protection” from the city’s Employment Ordinance, which prohibits employers from preventing, deterring, or firing a worker for union activities.

Both Ball and Ko were “duly authorised” by Dow Jones and acted on behalf of the company, Kat told the court.

Senior Counsel Benson Tsoi, representing Dow Jones, argued that the prosecution had not proven that Ball and Ko were indeed instructed by the “directing mind and will” of the company in their communications with Cheng.

“If anything has been proven in this case, it would be against the individuals,” Tsoi told the court. The prosecution failed to prove the company did commit the offence, he added.

Principal Magistrate David Cheung adjourned the case until September 10 for a verdict.

The court previously heard that Cheng, who covered the Chinese electric vehicle industry, was fired in July 2024 on the grounds of redundancy, as the WSJ relocated its centre of reporting in Asia from Hong Kong to Singapore.

Gordon Fairclough, the WSJ’s world coverage chief, flew to Hong Kong to inform Cheng of her termination in person.

Cheng accused Dow Jones of one count of “doing an act calculated to prevent or deter” her becoming a HKJA officer, and a second charge of terminating her employment over her union participation, under the city’s Employment Ordinance.

Under the ordinance, an employer could be fined up to HK$100,000 for each of the offences if found guilty.