AMY HUNG
On 8 November 2018, Victor Mallet, a Financial Times Asia news editor, arrived at Hong Kong as a tourist and was turned away after hours of questioning with ‘no explanation’.[1] This denial happened weeks after the local authorities declined to extend his work visa. Again, no explanation was supplied, [2] and the government replied that they would not comment on any individual cases.[3]
The journalist had come under fire in August for his role as president of Hong Kong’s Foreign Correspondent’s Club. The FCC hosted a talk by Andy Chan Ho-Tin, a founding member and convenor of the National Party, the first party to advocate for Hong Kong independence. The Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China wanted to cancel the talk, as the National Party has been banned from operation and categorised as an illegal party which ‘posed a threat to national security’.[4] However, the talk was still conducted, and the short lapse of time between the talk and Mallet’s denial of entry was seen as evidence of the government’s restriction of freedom of speech and freedom of the press.
The Hong Kong Journalists Association expressed its concern and condemnation over the ‘double bar’. They suggested that it will lead to the international community harbouring more doubts about the city, particularly as to whether Hong Kong is still a free and open society, thus seriously harming the city’s image and status.[5]
The FCC noted in a statement on its website: “Refusing a visa in this case, to a bona fide journalist working for one of the world’s leading newspapers, sets a terrible precedent for Hong Kong’s reputation as a place where the rule of law applies and where freedom of speech is protected by law.”
Hong Kong Bar Association also expressed its concerns over the incident. It issued a statement on 15 November 2018, first emphasising the importance of the right to freedom of expression, which is enshrined in Basic Law, the city’s Constitution. It then acknowledged the public’s concern over whether the two decisions constitute undue interference to the right. The Association added that ‘without any reasons being given by the Government, the public is in no position to judge whether the decisions are proportionate responses to protect a legitimate societal interest’ and urged the government to explain the decisions.[6]
During an interview, Carrie Lam, Hong Kong Chief Executive indicated that ‘there is no absolute freedom between countries, and it will be restricted under certain circumstances.’ She also assured that the right to freedom of speech is protected by Basic Law and the government has been acting in accordance with the law.
Whether there is, in fact, a causal relationship between the incident and a restriction of the right to expression is yet to be concluded. Nonetheless, it is clear that more reasons should be given by the government.
[1] https://www.scmp.com/news/hong-kong/politics/article/2172383/british-journalist-victor-mallet-denied-entry-hong-kong
[2] https://www.bbc.co.uk/news/world-asia-china-45769811
[3] https://www.bbc.com/zhongwen/trad/chinese-news-45759836
[4] https://www.bbc.co.uk/news/world-asia-china-45769811
[5] https://www.hkja.org.hk/en/statements/hkja-is-shocked-over-barring-of-victor-mallet-from-hong-kong-entry/
[6] https://www.hkba.org/sites/default/files/20181115%20-%20HKBA%20Statement%20on%20Victor%20Mallet%20%20%282018%2011%2015%29%20english.pdf
[7] https://www.hk01.com/%E6%94%BF%E6%83%85/249380/fcc%E9%A6%AC%E5%87%B1-%E6%9E%97%E9%84%AD%E6%9C%88%E5%A8%A5-%E5%9C%8B%E9%9A%9B%E9%96%93%E6%B2%92%E6%9C%89%E7%B5%95%E5%B0%8D%E8%87%AA%E7%94%B1-%E4%BB%8A%E6%9C%88%E5%BA%95%E9%A6%96%E6%AC%A1%E5%A4%96%E8%A8%AA%E6%97%A5%E6%9C%AC
[8] https://www.hk01.com/%E6%94%BF%E6%83%85/247385/fcc%E9%A6%AC%E5%87%B1-%E6%B8%AF%E5%BA%9C%E7%A8%B1%E6%8C%89%E5%9C%8B%E9%9A%9B%E6%85%A3%E4%BE%8B%E6%8B%92%E8%A7%A3%E9%87%8B-%E6%88%B4%E5%95%9F%E6%80%9D%E6%96%A5%E8%8D%92%E8%AC%AC-%E9%81%95%E5%85%AC%E5%B9%B3%E5%8E%9F%E5%89%87
