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The FCC Calls on Government to Maintain Public Access to Companies Registry Data

The Foreign Correspondents’ Club, Hong Kong, urges the government to reconsider the proposed changes to the Companies Ordinance that will remove from public access certain identifying details of company directors. The FCC believes such changes will be harmful to press freedom and transparency in the city.

The companies registry is an important tool long used by journalists to improve accountability, expose wrongdoing, and bring to light important matters of public concern. Financial, legal and compliance professionals also make extensive use of the companies registry in the course of ordinary business. Restricting access to the residential addresses and Hong Kong ID card numbers of company directors, as proposed by the government, will greatly diminish the utility of the companies registry and impede the work of a wide range of professionals working in Hong Kong’s public interest.

While the FCC shares the government’s concern about “doxxing”—of which journalists are frequent targets—the club does not believe that the proposed changes will have a meaningful impact on the practice. The FCC welcomes the opportunity to share additional input on the proposal.

The FCC Expresses Solidarity With Journalists Working in Myanmar

The Foreign Correspondents’ Club, Hong Kong, expresses its solidarity with journalists working in Myanmar and calls on the military government to respect media freedom.

The FCC also calls for all restrictions to be lifted on the internet and communications, which are essential both for journalists in the exercise of their profession and for the free flow of information.

The club will continue to monitor the situation in the days and weeks ahead.

Asian Press Clubs’ Joint Statement on Haze Fan

The Foreign Correspondents’ Clubs and Associations of Japan, Hong Kong, Jakarta, the Philippines, South Asia, Taiwan and Thailand are very concerned to learn that Haze Fan, a Chinese employee working for Bloomberg News, has been detained in Beijing.

The FCCs stand by the Foreign Correspondents’ Club of China in its efforts to seek an explanation on why the Chinese authorities detained Fan.

The clubs also join together in expressing alarm at reports of deteriorating conditions for journalists working for international media in China.

Fan has worked with Bloomberg since 2017. Other outlets she worked for before include Al Jazeera, CBS News, CNBC, and Thomson Reuters.

She has been missing since Monday, December 7th. Bloomberg received confirmation of her arrest on ‘suspicion of engaging in activities that jeopardize national security’ only on Thursday.

Chinese nationals perform invaluable roles in support of foreign media in China. Without their work, it would be difficult for foreign media to operate in China, and their safety is a matter of the highest concern.

Foreign Correspondents’ Club of Japan
Foreign Correspondents’ Club of Hong Kong
Foreign Correspondents’ Club of Jakarta
Foreign Correspondents’ Association of the Philippines
Foreign Correspondents’ Club of South Asia
Taiwan Foreign Correspondents’ Club
Foreign Correspondents’ Club of Thailand

International Press Institute Issues Statement on Impunity for Crimes Against Journalists

On October 30, the International Press Institute, which has been defending press freedom since 1950, released the following statement:

Impunity for crimes against journalists has continued to remain high, as governments are failing to bring perpetrators to justice, the International Press Institute (IPI), a global network of editors, media executives and leading journalists, said ahead of the International Day to End Impunity for Crimes against Journalists on November 2.

Since last October, as many as 52 journalists have lost their lives due to their work, according to the Vienna-based IPI’s Death Watch. At least 24 were killed in targeted attacks. An additional 15 cases are considered to be likely targeted attacks but remain under investigation regarding the motive. Seven other journalists were killed in Syria and one in Iraq covering armed conflict, and two died in Iraq and one in Afghanistan reporting on civil unrest. An additional two journalists were killed while on assignment. In almost half of the cases, those responsible are still at large,

An IPI analysis of these cases shows an alarmingly insufficient response by authorities to grave crimes against journalists. So far, arrests have only been made in 10 cases, five each in the Americas and Asia.

“The unbroken cycle of impunity for crimes against journalists fuels further violence against the press at a time when the free flow of news is more valuable than ever”, IPI Deputy Director Scott Griffen said. “The failure to bring those who kill journalists to justice is unacceptable and an attack on the public’s right to receive information.”

As in the year prior, the Americas accounted for the highest number of killings with 21 journalists murdered, including eight in Mexico, five in Honduras, two each in Colombia and Venezuela, and one each in Brazil, Guatemala, Haiti and Paraguay. In Asia, 11 journalists were killed, three in the Philippines, two each in India, Indonesia and Pakistan, and one each in Cambodia and Bangladesh. In Africa, two journalists were killed in Nigeria, and one each in the Democratic Republic of the Congo and Somalia. One journalist died in a targeted attack in Yemen, and another was found dead in his car in Iraq, while in Qatar, the death of an imprisoned journalist is under investigation.

In Mexico, arrests were made only in one of eight cases on IPI’s Death Watch. Despite Mexico’s being one of the most dangerous countries for journalists to work, the government there has decided to stop funds allocated for upholding the Law for the Protection of Human Rights Defenders and Journalists (LPPDHP). Although underfunded, since its establishment in 2012, a federal safety mechanism had benefited over 1,200 individuals, 33 percent of whom were journalists.

In Brazil, Colombia and Honduras, the killers are still at large, while in Haiti, Paraguay and Venezuela, arrests have been made connection with the killings.

Amongst Asian countries, the Philippines has arrested suspects in two of three murders, while Indonesia has apprehended the alleged masterminds of the two killings in the country. In India, the police have arrested suspects in one case, and filed a case against the accused in another killing. The police in Pakistan have filed a case against suspects in one of two murders. However, no progress has been reported in investigations into the killings that took place in Bangladesh and Cambodia.

In Africa and the Middle East, no arrests have been reported in the seven cases on IPI’s Death Watch.

“Unfortunately, even the fact of arrests does not necessarily indicate genuine progress in an investigation into the killing of a journalist, given that all too often the only people who are arrested are the triggermen, while the masterminds remain free”, Griffen noted. “Authorities must ensure that every single person involved in the murder of a journalist is brought to justice.”

Alarmingly, little progress has been made in bringing perpetrators to justice even for the most high-profile and shocking murders in recent years. A public inquiry and trial are underway in the killing of Maltese journalist Daphne Caruana Galizia, who died in a car bomb explosion in 2017. Last month, a court in Slovakia acquitted the suspected mastermind behind the 2018 murder of journalist Ján Kuciak.

Saudi Arabia, meanwhile, has made a mockery of justice in the gruesome 2018 murder of Washington Post columnist Jamal Khashoggi.  After intense international pressure, the Saudi government admitted that Khashoggi had been murdered in what it described as a “rogue operation”. However, it then charged 11 without revealing their names or their alleged role in the killing. The trial that began in March 2019 was shrouded in secrecy and despite requests by the United Nations, international observers were not allowed to attend the proceedings. In December, five of the suspects were sentenced to death (later overturned) and three others were given prison sentences, while the remaining three were exonerated.

The Foreign Correspondents’ Club of Thailand expresses fears over press freedom and journalists’ safety

The Foreign Correspondents’ Club of Thailand (FCCT) has expressed concerns over the “new risks” to journalists covering the unrest in Thailand and called on the authorities to “respect the role and responsibilities” of all media. Below are the FCCT’s statements in full.

The FCCT released the following statement on October 18, 2020. 

As protests continue in Thailand, the FCCT is concerned about the safety and security of all involved, including members of the media – both foreign and Thai. In particular provisions of the new emergency decree place vaguely defined criteria for news coverage that could see journalists arrested for simply doing their job. The arrest, albeit temporary, of a Thai journalist on Friday night highlights the new risks for media in covering events. The FCCT urges the authorities to respect the role and responsibilities of all media in Thailand.

The FCCT released the following statement on October 19, 2020. 

Response From Chinese Foreign Ministry to FCC Statement on New Police Accreditation Policy

On September 23, the Foreign Correspondents’ Club, Hong Kong, published a statement opposing a restrictive new accreditation policy for journalists in the city as detailed in a 22 September letter from the Hong Kong Police. The same day, the Office of the Commissioner of the Ministry of Foreign Affairs in Hong Kong released a response to that statement, which we publish here. 

Commissioner’s Office urges FCC Hong Kong to immediately stop meddling with Hong Kong affairs

The spokesperson of the Commissioner’s Office expressed strong disapproval of and firm opposition against the unwarranted remarks FCC Hong Kong made about the Hong Kong police force’s amendment of the definition of “media representatives” under the Police General Orders, and urged the organization to immediately stop meddling with Hong Kong affairs on the pretext of press freedom.

The spokesperson pointed out that some anti-China troublemakers in Hong Kong who proclaimed themselves as journalists deliberately obstructed the police from enforcing the law and even assaulted police officers during the anti-amendment protests last year, hampering the interviewing and reporting work of other journalists and seriously undermining law and order. The truth is not to be distorted. By anxiously whitewashing the fake journalists, FCC Hong Kong is attempting to endorse the rioters and condone their “burn with us” violence, thus sowing more trouble in the city.

The spokesperson emphasized that there is no such thing as absolute press freedom above the law. Hong Kong is part of China, and any media practitioner in the HKSAR shall strictly and voluntarily abide by national laws applied to Hong Kong and local laws. No organization or individual shall seek privileges above the law, impede the HKSAR Government’s law-based governance, or endanger China’s national security and Hong Kong’s prosperity and stability on the pretext of press freedom.

The spokesperson said that it is only right and proper for the relevant HKSAR authorities to strengthen the management of and services for the media, and amend the policy to address prevalent maladies and set things right, so as to better safeguard the legitimate rights of recognized media outlets and journalists and protect press freedom in Hong Kong. We urge FCC Hong Kong to observe national and local laws and regulations, stop provoking trouble on purpose, and refrain from meddling with Hong Kong affairs under any pretext.

FCC Opposes Hong Kong Police Accreditation Process for Journalists

The Foreign Correspondents’ Club, Hong Kong, is firmly opposed to a restrictive new accreditation policy for journalists in the city as detailed in a 22 Sept. letter from the Hong Kong Police. This move is another step in the erosion of Hong Kong’s once cherished press freedom as it would give the police — rather than reporters and editors — the power to determine who covers the police.
 
The changes are not referred to as an accreditation system, but rather a redefinition of who is a journalist in the Police General Orders with the aim of “allowing frontline officers to efficiently and swiftly verify the identity of media representatives.” The letter says the police force will “amend the definition of ‘media representatives’ under the Police General Orders.” Yet the practical impact is the same as accreditation or licensing.

The new rule says police will only recognise as media those who have registered with the Government News and Media Information Service, or members of “internationally recognised and reputable” foreign media outlets.  The goal, according to police spokesmen, is to weed out so-called “fake reporters,” who they claim — without offering evidence — have obstructed police operations and even assaulted police officers on duty.
The FCC stands firmly against the system detailed in the Hong Kong Police Force’s letter for the following reasons:
 
* It undercuts the local journalist organisations whose membership cards have been routinely recognised and respected, the Hong Kong Journalists’ Association and the Hong Kong Press Photographers Association. These organisations conduct rigorous vetting of candidates before issuing membership cards, and this move by the police would take the power to determine who is a legitimate journalist out of the hands of journalists’ groups and place it in the hands of a government entity. That in itself is a serious erosion of press freedom and independence.
 

* The new scheme would give police officers the power to decide what foreign media outlets are “internationally recognised and reputable.” How would that be determined? With the proliferation of new media outlets around the world, how can the police on the ground determine which ones are “internationally recognised” and deserving to be treated as legitimate?  What about media that do not publish or broadcast in English, or that are not widely known outside of their home countries or immediate regions — are they not to be considered real journalists?

* The policy would be a serious blow for freelancers and student reporters — two groups of journalists who have provided some of the most compelling reporting from last year’s protests and police actions. Many journalists now operate as freelancers, some working regularly for specific organisations, and many others offering their stories and videos to multiple outlets “on spec”.  News outlets have come to rely on freelancers due to the changing economics of the industry.  But most of them cannot obtain registration because of their freelance status.

Student journalists, likewise, have been integral to the reporting on — and public understanding of — last year’s protest movement.  Student reporters have faced the same dangers as veteran journalists, and some have been injured.

But this is about more than access to events and invitations to the inside of the police cordon. Journalists who are not recognised under this new policy could face the real possibility of arrest for unlawful assembly or rioting.

Before this new policy, Hong Kong had already dropped to an ignominious 80th place on the Reporters Without Borders annual press freedom index of 180 countries, down from 48th place in 2009.  And that was before the 10 August police raid on the headquarters of Apple Daily and the arrest of its founder, Jimmy Lai.

The Hong Kong police in their letter say they “always respect press freedom and their rights of journalists.” If that is the case, they should welcome free and unfettered access to their operations, and should encourage open reporting instead of trying to restrict the number of journalists covering its operations. A force that is proud of its discipline and confident its officers follow established protocols and guidelines should have nothing to fear from the spotlight journalists shine on it.

 

23 September 2020

I

Hong Kong police outlines new accreditation procedures in letter to the FCC

The FCC has received the following letter from the Hong Kong Police Force regarding new accreditation procedures. The club will be responding to the letter today.

FCC expresses solidarity with press organisations following Hong Kong Police revision of media definition reports

The Foreign Correspondents’ Club, Hong Kong, expresses its deep concern over reports of the Police Department’s revision of its definition of media representatives. The FCC expresses its solidarity with the organisations signing this statement and with journalists in Hong Kong – including freelancers, photographers and student journalists – and is opposed to any actions by government authorities that would impinge on freedom to work without fear or intimidation. Here is the joint statement.

Joint-statement: Hong Kong press unions and associations sternly opposes the police’s unilateral revision of its definition of media representatives under the Police General Orders

The Hong Kong police today wrote to four media associations, announcing that it will revise the definition of media representatives under its General Police Order. Under the amendment, media workers holding the Hong Kong Journalists Association and Hong Kong Press Photographers Association press passes are no longer recognised as media representatives. Only those working for media outlets registered with the Hong Kong government, or “renowned and well-known” non-local outlets will be identified as media representatives.

We sternly oppose the police’s hasty decision. We must point out that the relevant guidelines have been in place for years, and that they were a product of detailed discussion between the police and media representatives.

Today, the police have broken this relationship by planning a significant amendment without first discussing and consulting our sector. We demand the police to scrap the relevant amendment, or we will respond by taking any possible and necessary measures.

In the letter, the police cited the discovery of “fake reporters”, whom they said obstructed and attacked officers, as a reason for the amendment. But the police had not provided concrete proof of these incidents, which, even if true, are unconnected to the HKJA and HKPPA. It is unreasonable for the police to make the amendment against the two associations.

Hong Kong Journalists Association has 604 full members, who are eligible to apply for a press pass from the association. Since January this year, only 99 such press passes had been issued under a strict vetting process in accordance with the association’s constitution. There has never been a scenario of “over-issuing” of such passes. The police had also failed to provide any proof to reflect problems in the HKJA’s issuing of press passes and recruitment of members.

The amendment allows authorities to decide who are reporters, which fundamentally changes the original system in Hong Kong. It will be no different to having a government accreditation system, which will seriously impede press freedom in Hong Kong, leading the city toward authoritarian rule.

In its letter, the police also claimed it had often exchange views with the media industry on improving reporting arrangements. In fact, the police chief had repeatedly turned down the HKJA’s invitation for meetings. We simply cannot understand the police’s statement that it has heard our views.

We must point out that Article 27 of the Basic Law states clear protections for press freedom in Hong Kong. For years, freelance reporters and media outlets not registered with the government have made truthful reports to serve the wider public. The police must not use administrative means to censor the media and in doing so, harm the rights of Hongkongers.

Hong Kong Journalists Association
Hong Kong Press Photographer Association
Independent Commentators Association
Journalism Educators for Press Freedom
Ming Pao Staff Association
RTHK Programme Staff Union
Citizen News Staff Union

September 22, 2020

FCC Again Expresses Concern on Journalists’ Visas, Asks for Answers

The Foreign Correspondents’ Club, Hong Kong, on 27 August 2020, received a second response to a letter to the Director of Hong Kong Immigration, Au Ka-wang, asking for answers about the system for issuing journalist visas in Hong Kong. However, just like the earlier response of August 14, this latest letter still did not answer — or even address — our very specific questions about widely reported changes to the visa policy for working journalists since the imposition of the national security law.

This continued inability or unwillingness to answer specific questions is deeply troubling, and can only lead to increased speculation that the reports of a new visa procedure for foreign journalists must indeed be accurate.

This comes amid reports of a work visa being denied for a Hong Kong publication after a months-long wait and further reports of unusual processing delays affecting foreign correspondents for a number of publications that in some cases have prevented journalists from working in Hong Kong. It also follows earlier suggestions by the Chinese government that more foreign journalists could face repercussions in response to U.S. actions.

The FCC again states its strong opposition to undermining press freedom by delaying or denying visas to journalists working in the city, using journalists’ visas as a weapon in international disputes or taking action against journalists for decisions made by their home countries.

We again call on Hong Kong authorities, as we did in our two open letters, to urgently answer our questions regarding the issuing of visas:

1) Is there now a national security unit handling foreign media visas applications within the immigration department, as press reports have said?

2) What particular criteria are applied when a journalist’s visa application is being considered?

3) Are journalists being singled out for special treatment that is delaying the granting or renewal of work visas?

4) Does the immigration department recognise that journalism involves multi-tasking so a change of duties, for example from desk editing to reporting, does not breach the terms of the visa?

Hong Kong thrives on the free flow of information. Its role as a global financial hub depends on its reputation as an international centre that respects press freedom. Restricting journalists in Hong Kong through their visa status and interfering with the ability of the press here to report freely will only damage Hong Kong’s reputation on the world stage.

FCC

2 September, 2020

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