July, 2005

Ching Cheong Shall Not Be the New Victim of Press Freedom in China

Mak Yin-ting

(The author is the honorary secretary of the Hong Kong Journalists Association.)

China is notorious for intolerance towards dissenting views. According to the Committee to Protect Journalists, China tops the list in holding journalists in jail. At the end of last year, it was holding 42 journalists behind bars. Recently, the country got another potential victim, Ching Cheong, the veteran journalist who works for the Straits Times newspaper of Singapore.

The vagueness of security-related provisions in mainland law enable the authorities to abuse and easily victimise journalists who try to reveal facts that have not yet been formally announced by the government. However, Ching is the last journalist we thought could have got into this kind of trouble, given his deep experience and knowledge concerning China and his extensive network of contacts in the country. It is especially unbelievable for those who know his deep affection for China and the integrity of his work.

It has been learned that Ching has been placed under a form of detention known as "residence under surveillance" since April 22. Since then, he has been denied due judicial process, legal counsel and contact with his family members.

The matter came to light after he had been detained for more than one month. On May 31, the Foreign Ministry alleged that Ching had admitted to acts of espionage for unnamed foreign interests. This announcement came two days after the media had revealed the case.

Espionage is a very serious allegation. However, the authorities made it without any supporting evidence. We are concerned that it may be either a charge used expediently to discredit the journalist in question or the journalist confessed under duress.

The Hong Kong Journalists Association (HKJA) therefore issued a statement expressing concern over the Foreign Ministry's empty allegation and urged the authorities to deal with Ching's case in a manner that is open, fair and consistent with the rule of law. We demanded that Ching be allowed to exercise his rights, including the right to have access to his relatives, to legal representation and to Hong Kong government officials. In the event that the Chinese authorities are unable to support their accusations with evidence that is beyond reasonable doubt, Ching should be allowed to freely return to Hong Kong.

We further asked the Hong Kong government to take action consistent with its obligation to safeguard the interests of all local residents. In Ching's case, this would include liasing with the mainland authorities to obtain all of the relevant facts as well as to ensure that his legitimate rights are being protected.

Based on these appeals, the HKJA launched an industry-wide signature campaign and collected 770 signatures in less than a week that were published in three popular Chinese-language newspapers on June 14.

In addition, we joined hands with Reporters without Borders to launch an international signature campaign via the internet, asking for Ching's early release. In about two weeks, we secured support from 10,500 people in 20 countries. Moreover, the campaign still continues on the internet at www.petition-chingcheong.org.

On June 21, the HKJA presented the internet signatures to the then-chief executive-designate, Donald Tsang, asking him to air the concerns of journalists in Hong Kong and from throughout the world with the Chinese leaders he was to meet in Beijing after his formal swearing-in ceremony. At the end of his trip, Tsang received a promise from the director of the State Council's Hong Kong and Macau Affairs Office, Liao Hui, to follow up the case in person. Tsang said he believed that details of Ching's case would be disclosed soon. This is a positive sign, but this move would have occurred earlier if the Hong Kong government had been willing to help sooner.

In early May, before Ching's detention was made known to the public, his family asked Tsang, who was the then-acting chief executive, for help. However, Tsang claimed that he could not take care of every case and passed the letter to the relevant government department. The policy head of the Immigration Dept., Secretary for Security Ambrose Lee, said that the Hong Kong government could not interfere in mainland affairs.

These are totally irresponsible excuses. Hong Kong and the mainland have set up a notification system which states that enforcement departments from either side will inform the other if a resident is detained by the other side. Hong Kong has to submit information within 10 days whereas no specific time limit is set for its mainland counterpart. However, a glance at the date mentioned in the appeal letter should have prompted the Hong Kong authorities to know that a permanent resident had been detained on the mainland for more than two weeks. The authorities should have queried their mainland counterparts on the need to observe the system. Asking questions is not interference. It is done to ensure that the system is functioning and is respected. If the system is not properly implemented, the rights of Hong Kong's people may be jeopardised.

Only after the bombardment from the HKJA and other rights groups and individuals did the bureau take a more active approach and find that Ching was being detained in the scheme called "residence under surveillance." It was also only then that the senior mainland official, Liao Hui, pledged to become involved in the case.

However, this "progress" is far from satisfactory. Two months later Ching is still in isolation. The deprivation of his rights is unacceptable. We are therefore continuing to liase with international organisations and to urge them to join hands with the HKJA in writing an open letter to President Hu Jintao seeking justice, the speedy handling of Ching's case and his release if evidence beyond reasonable doubt cannot be secured. The results of the campaign will be announced early next month. The industry's impatience has also prompted several journalists to set up a web blog on Ching's case: http://savechingcheong.blogspot.com. Opinions are welcome.

Ching's case deserves concern, not just from the news industry, but also the entire community. The chilling effect produced by the unreasonable detention of media workers gathering news on the mainland will inevitably weaken the free flow of information, which, in turn, will adversely affect the news we receive as well as Hong Kong's status as a regional information hub.

Recent cases have shown that concern over detained journalists and those who exercise their freedom of expression on the mainland subsides after the government employs delaying tactics. Silence and apathy over injustice is a gift to those who suppress freedom. We shall not hand out this gift. Without the open, fair and just handling of Ching's case, the journalistic community and rights groups will certainly take further action.