July 27, 2004

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Self-inflicted wounds

Nothing gets newspapers more worked up than stories about themselves. Late last week almost all HK's newspapers reported on a court case involving the Independent Commission Against Corruption. A woman, who is a protected witness, went to court saying ICAC was holding her against her will. The papers printed her name in reporting the case, a breach of the law on protected witnesses. This lead to the ICAC launching raids on 6 newspapers and detaining two lawyers involved in the case. Both lawyers were later released. And now the press are going into a frenzy of righteous indignation.

The problem for the papers is they are completely in the wrong. The first question has to be where are these newspapers' legal departments? They need to seriously have a look at themselves. Secondly the newspapers need to come back down to planet Earth. Of the papers raided 3 had editorials. The SCMP: The conduct of Saturday's investigations exacted a high cost. In this case, it goes beyond casting an unnecessary shadow over local press freedoms. It includes straining the ICAC's relationship with the press..." That sounds almost like a threat rather than a reasoned defence of the newspaper. But that's because the paper apparently has no other defence. The ICAC was heavy-handed but they certainly acted within their powers. They obtained warrants that were issued by High Court judges and followed the correct procedures in launching the raids. Indeed the high profile nature of the raids is clearly sending a message as well as being an investigation into breaches of the law. It is saying to the media and wider public that breaking the law will not be tolerated, no matter who or what you are. That is as it should be.

Two other papers, the HK Economic Journal and the Sun, both had similar editorials with the words "reckless" and "infringing press freedom". There are firm arguments that press freedom in Hong Kong is under threat but this is not such a time. Vitriol like this doesn't help nor explain the situation. Instead this raid represents a victory for a legal system that works and the newspapers have been caught out. The Standard, a paper that was not raided, has a good report on the whole schlemozzle.

I hope the ICAC can maintain their integrity and carry through with this investigation on these newspapers. If they have broken the law they deserve to be punished, regardless of their bleating. It's hard to feel sorry for the press when they bring things upon themselves.

posted by Simon on 07.27.04 at 09:59 AM in the




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Comments:

If they broke the law isn't standard procedure to offer a warrant? Or is it to call them to court?

posted by: hk on 07.27.04 at 04:37 PM [permalink]

Sorry, bot you don't have know what you're talking about on this one. There was no need whatsoever for the raids. The law provides ample means to request evidence without such strong-arm tactics and there's no suggestion whatsoever that the newspapers or lawyers would not have complied with such orders.

THe ICAC got embarrasssed, so they used jack-booted strong-arm tactics to hit back at those who embarrassed them. Sadly, given the mentality at the ICAC, it'n ot the least bit surprising.

posted by: Conrad on 07.27.04 at 08:56 PM [permalink]

And isn't quite telling that everyone arrested was released without charge?

posted by: Conrad on 07.27.04 at 08:58 PM [permalink]

Conrad, while you make a point I alluded to in my post, there was method to ICAC's madness. They were sending a message as much as they were going through the motions of investigating the incident itself. The raids send a clear message that future witnesses under protection can expect ICAC to be behind them and working hard on their protection. Otherwise ICAC's protection efforts wouldn't really amount to much if there's a chance the witness's name will be splashed across HK's fine quality newspapers.

As for releasing them, Hemlock said it best. The FCC bar takings plummetted for a day but thankfully are back to normal. And let's face it, yourself aside, locking up more lawyers for a day or two seems like a good start.

posted by: Simon on 07.27.04 at 10:47 PM [permalink]

i never got into the details of the case that led to this. it is murky. but i sensed that the habeas corpus hearing on the day of the tropical storm was a grandstand to get the press to bite on this case and reveal the name of the witness in order to put pressure on her or her family. if so, the press was played and spun like a yo-yo toy. obviously, nobody wants to publicly talk about this aspect then ...

posted by: eswn on 07.28.04 at 12:26 AM [permalink]

Arresting people against whom one can make no legitimate case in order to intimidate them and others?

I guess we really are part of China after all.

posted by: Conrad on 07.28.04 at 04:02 PM [permalink]

But these warrants were approved by a court in Hong Kong. So unless you're suggesting that Hong Kong's courts were bamboozled by the ICAC, I cannot understand the fuss. It may have been the harsher of two options, but if there weren't sufficient grounds for these warrants they wouldn't have been granted.

posted by: Simon on 07.28.04 at 04:06 PM [permalink]




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