09/09/2026
【捍衛工會權利｜記協主席私人檢控《華爾街日報》案 明日裁決】
參加工會的權利，能否真正得到保障？這不只是記者的事，也關乎每一位打工仔。
香港法例明文保障僱員參加工會及工會活動的權利，僱主不得因此解僱、懲罰或歧視僱員。
然而，記協主席鄭嘉如早前因參加工會選舉，先被公司警告，其後更遭解僱。她向勞工處投訴，處方未有提出檢控，遂以個人身分提出「私人檢控」，將前僱主——美國《華爾街日報》（The Wall Street Journal）母公司、全球知名財經媒體集團「道瓊斯」（Dow Jones Publishing Co. (Asia), Inc.）——告上刑事法庭。
這宗備受矚目的勞工案將於明日（9月10日）宣判，裁決結果或成為日後保障本港工會及勞工權益的重要法律參考。
面對跨國新聞集團，為何仍要堅持告到底？鄭嘉如在庭上作供時，道出了她的初衷（審訊以英文進行，以下為中文翻譯）：
「我知道在香港，因僱員的工會崗位而將其解僱，是一種刑事罪行。我也知道這情況有時會發生，但僱主極少因此被追究責任。我知道行家很快便會得悉，我面對這樣的處境。作為一個捍衛記者權益的工會領袖，我覺得我必須採取行動，追究僱主的責任。這將為新聞業的僱主、以至香港所有僱主樹立一個先例，讓他們知道，不能因僱員的工會崗位而將其解僱，也不能阻止任何人參與工會活動。」
⚖️ 【勞工權益知多點】
《基本法》保障僱員組織和參加工會的權利。根據《僱傭條例》第21B條，僱主如阻止或阻嚇僱員參加工會，或因僱員參加工會而解僱、懲罰或歧視該僱員，即屬犯罪，最高可被罰款10萬元。
不過，相關刑事檢控率一直偏低，多年來僅有兩宗定罪個案。
這宗由記者提出、涉及跨國新聞集團的私人檢控，不僅關乎個人的工作權益，更是對工會權利能否真正受到保障的一次重要考驗。
案件將於明天迎來裁決，請各位打工仔密切留意結果，與我們一起關注勞工權益的重要一刻！
Defending Trade Union Rights | HKJA Chair Privately Prosecutes the Wall Street Journal in Landmark Labour Case, Verdict Due Tomorrow
Can the fundamental right to join a trade union be truly protected? This is not just a matter for journalists, but an issue that concerns every worker.
Hong Kong law explicitly protects the rights of employees to join trade unions and participate in union activities. Employers are strictly prohibited from dismissing, penalizing, or discriminating against employees for doing so.
However, Hong Kong Journalists Association (HKJA) Chairperson Selina Cheng was previously warned by her company and subsequently dismissed without cause due to her participation in a union election. After filing a complaint with the Labour Department that did not result in a prosecution, she resolutely chose to file a "private prosecution" as an ordinary citizen. She took her former employer—Dow Jones Publishing Co. (Asia), Inc., the globally renowned financial media group and parent company of the US-based Wall Street Journal—directly to criminal court.
The verdict in this high-profile labor case is due tomorrow. The ruling could become an important legal reference for labor rights in Hong Kong.
Facing a multinational news conglomerate, why insist on fighting this to the end? While testifying in court, Selina Cheng shared her original intention (the trial was conducted in English):
“I know that to terminate an employee for their position in a union is a crime in HK. I know that it sometimes happens. But very rarely are employers held accountable for such behaviour. Because I myself was facing such situation, I know that people in my industry will find out about it very soon. As head of a union, which defends reporters, I feel I have to take action to hold employers accountable. This will set an example for not just employers in the news industry, but also for any employer in HK, to let them know that they cannot terminate an employee for their union position, and that they cannot prevent anyone from participating in a union.”
⚖️ [Learn More About Labor Rights]
The Basic Law has always protected the right of employees to organize and join trade unions. Under Section 21B of the Employment Ordinance, it is a criminal offense for any employer to prevent or deter an employee from participating in a trade union, or to dismiss, penalize, or discriminate against an employee for doing so. Offenders are liable to a maximum fine of $100,000.
In reality, however, the criminal prosecution rate under this law is extremely low, with only two convictions recorded over the years.
This case of a "reporter suing a multinational news conglomerate" is not just about seeking personal justice; it is about defending the rightful union rights of all workers in Hong Kong.
The case will reach its final verdict tomorrow. We invite all workers to pay close attention to the result and join us in witnessing this important moment for labor rights!
#記協 #鄭嘉如 #華爾街日報 #工會 #工會權利 #打壓工會
