IFJ Concerned Regarding Process of ATV Case

26 Sep, 2011

An Open Letter from the International Federation of Journalists:

Wong Yuk-Man

Chairman of Information and Technology and Broadcasting Panel of Legislative

Council, Hong Kong

Re: Concerns Regarding Process of Panel Investigating ATV Case

Dear Mr Wong,

The International Federation of Journalists (IFJ) is deeply concerned about the processes used by the Hong Kong Legislative Council panel convened to investigate reports that senior management at Asia Television Ltd (ATV) might have interfered with the broadcaster’s news reporting, and thereby compromised its independence.

The IFJ notes concerns about the manner in which the hearing was conducted and respectfully encourages the panel to review its processes and findings, and conduct a new hearing.

Under the Legislative Council (Powers and Privileges) Ordinance, all attendees of panel meetings are entitled to immunity from civil prosecution while giving their statements assisting the members of the panel investigating cases of public concern. However, we note that during a hearing on September 19 to inquire into an inaccurate report on July 6 referring to the death of former President Jiang Zemin and complaints of compromised editorial independence at ATV, such protection was not afforded to all attendees.

We are informed that two ATV Executive Board members were permitted legal representation for the delivery of their statements to the panel. However, journalists Leung Ka-Wing and Tammy Tam Wai-Yee, who were accused of preparing and broadcasting the erroneous report, were required to make their statements without legal representation. The IFJ also notes that many relevant members of ATV’s senior management were absent from the hearing, including Leung’s direct supervisor.

Statements by Leung suggest that the erroneous reporting of former President Jiang’s death was ordered by senior management, against the advice of Leung and other editorial staff. Any such interference by senior management in editorial decision-making, notably against the advice of senior journalists, compromises both the integrity and independence of the broadcaster.

Hong Kong has a long-standing tradition of respect for civil liberties including press freedom, freedom of expression and freedom of assembly. Under section 27 of Chapter 3 of the Basic Law of Hong Kong Special Administrative Region, and section 8 of the Bill of Rights Ordinance, it is stated that freedom of expression, the press, publications, demonstrations and assemblies are guaranteed for all.

The IFJ is therefore concerned that the panel’s investigative process, whereby participants were denied their right to full legal protections, risks undermining press freedom rights in Hong Kong.

We urge the Chairman of Information and Technology and Broadcasting, Wong Yuk-Man, and members of the panel to consider holding another hearing under the (Powers and Privileges) Ordinance, providing proper legal protections to all parties and requiring the attendance of all relevant ATV management, in order to properly investigate allegations of inappropriate management interference in news content.

We welcome the decision by the Hong Kong Broadcasting Authority to investigate this case and look forward to the publication of an independent investigative report in the near future.

September 27, 2011
c.c.

Dr Samson TAM Wai-ho
Deputy Chairman

Mr.CHAN Kam-lam

Mr. LAU Kong-wah

Miss Emily LAU Wai-hing

Mr. Timothy FOK Tsun-ting

Mr.LEE Wing-tat

Nr.Andrew LEUNG Kwan-yuen

Mr.WONG Ting-kwong

Mr.Ronny TONG Ka-wah

Miss Cyd HO Sau-lan

Mr.IP Kwok-him

Mrs Regina IP LAU Suk-yee

ENDS

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