Labour Department owes Hong Kong workers justice.
Today (10 Sept. 2026), the court found the Wall Street Journal guilty of violating the Employment Ordinance by preventing or intimidating an employee from participating in a trade union, in breach of provisions prohibiting anti-union discrimination.
The case was brought privately by Hong Kong Journalists Association chairperson Selina Cheung, after the Labour Department decided not to prosecute. By pursuing the case herself, Cheng stood up for workers’ rights and insisted that an employer accused of anti-union discrimination should be held accountable. Her determination and courage in the face of injustice have not only secured justice for herself, but also defended the rights of workers across Hong Kong.
We are, however, deeply disappointed and concerned that the court found the employer not guilty of dismissing Cheng because of her trade union involvement. Before standing for election as chairperson of the Hong Kong Journalists Association, Cheng was reportedly discouraged from taking part in the union election. Shortly after she was elected, she was dismissed by the employer on the grounds of “restructuring her position”. The court’s decision that it could not rule out a genuine need to “restructure the position”, without fully considering the wider sequence of events, is difficult to understand.
This case also exposes serious shortcomings in the enforcement of workers’ rights by government authorities, weakening the protection afforded to employees who participate in trade unions. After Cheng was dismissed, she sought assistance from the Labour Department, only to be told that the Department, following the Department of Justice’s direction, had decided not to prosecute. No clear explanation was made public for that decision.
The court’s finding in relation to the anti-union discrimination offence raises serious questions about the Labour Department’s original decision not to prosecute. The Department still owes Hong Kong workers an explanation. Private prosecution can involve substantial legal costs that ordinary workers simply cannot afford. Had Cheng not persisted in bringing the case herself, an employer found guilty of violating the law could have escaped prosecution altogether.
We call on the Labour Department to conduct a thorough review of its handling of this case and to explain publicly, as soon as possible, the criteria used when deciding whether to prosecute alleged violations of workers’ trade union rights. Workers facing anti-union discrimination must not be left without an effective means of seeking justice.
We reiterate that any employer’s unlawful interference with or retaliation against trade union activity is unacceptable. The enforcement of labour law must be impartial and must never be influenced by political considerations.
We also call on all media organisations operating in Hong Kong to respect employees’ rights to participate in trade unions and to uphold press freedom. Hong Kong journalists are already working under immense pressure. Employers should not make their situation even more difficult by undermining their workplace rights.
Photo: The Collective News