Wall St Journal may challenge Hong Kong gov't decision to not intervene in press union head's unlawful dismissal suit
Cheng, who previously reported on the Chinese electric vehicle industry for the WSJ, accused the US newspaper of firing her unlawfully last July, weeks after she was elected chair of the Hong Kong Journalists Association (HKJA). She launched a private prosecution against the company last December, after the government decided not to press charges in her case.
Defence lawyer Vinci Lam, representing the Asia branch of Dow Jones Publishing – the publisher of the WSJ – asked the court on Wednesday for a further three-week adjournment. It comes after the court postponed proceedings for 10 weeks in April for the Department of Justice (DoJ) to consider whether it would intervene.
In Hong Kong, the DoJ can intervene in a private prosecution, either taking over the proceedings to continue the prosecution or shut the case down.
The defence requested that the DoJ provide reasons for its decision not to intervene, and may consider launching a judicial review against it, Lam told Acting Principal Magistrate David Cheung.
A judicial review is considered by the Court of First Instance and examines the decision-making processes of administrative bodies. Issues under review must be shown to affect the wider public interest.
Cheng's lawyer revealed on social media last week that the DoJ had decided not to intervene, saying that the DoJ's decision allowed 'our pursuit of justice to proceed unimpeded.'
Plea expected on July 23
Lam also said on Wednesday the DoJ's reply could affect the defence's plea in the case. 'None of us here can say for certain' whether the company will plead guilty or not guilty, she told the court.
Judge Cheung granted a three-week adjournment and scheduled the next hearing for July 23, but it also ordered the defence to be ready for indicating a plea by then.
Senior Counsel Nigel Kat, for Cheng, told the court that his client will testify as a prosecution witness if a trial is needed.
Under Hong Kong's employment law, an employer found guilty of terminating an employee's contract because of their participation in trade union could be fined up to HK$100,000.
Cheng was re-elected as chair of the HKJA unopposed last month.
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