Q&A: HKFP and the National Security Law

The security law includes several articles which are of concern to the press, with Article 9 proposing “guidance, supervision and regulation” of the media. It is also noted that press freedom is guaranteed in the security law, Hong Kong’s mini-constitution, the bill of rights, and the Chinese constitution, hence HKFP will continue to operate.

As the situation is unclear, and considering the near-weekly incidents surrounding press freedom, HKFP has sought legal and business advice and is monitoring developments daily. We expect the local media will have to continue navigating increased bureaucratic and legal scrutiny.

All HKFP staff use only work-provided, encrypted devices and we offer several channels for secure communication about sensitive matters. Under Article 43 of the security law, any refusal to hand over information about a suspect’s identity can lead to a fine or jail sentence. Meanwhile, Article 4 of the security law guarantees the freedom of the press. Nevertheless, HKFP has never had any contact from the authorities.

HKFP staff are ready to fulfil our commitment to uphold press freedom and protect sources who we rely on as part of the traditional news-gathering process. We will uphold the journalistic tradition in handling sensitive information carefully and resist data requests to the fullest extent of the law and our means.

Yes. As always, contributions to HKFP – a registered company and newspaper – are carried out securely via robust, industry-standard encryption. Transaction records are stored behind multiple-factor security. Like any company, the law obliges us to keep records of income/spending for book-keeping purposes – it also obliges us to keep records secure and private. Accounting records are overseen by our accountant and yearly auditors, and we respect the anti-money laundering ordinance so may request “know your client” information from larger contributors.

As a strictly impartial news outlet registered with the authorities, we expect to continue fundraising and accepting contributions from our readers at home and abroad, since our funding model is extremely common among news outlets worldwide (our model is based on The Guardian’s). There are over a dozen ways to support us – please contact us for further details.

Since adopting our Code of Ethics in 2020, we do not allow new writers to use pseudonyms except in very exceptional circumstances. This is in the interests of accountability, transparency and credibility.

For similar reasons, HKFP will resist all requests to remove any content from its archive – a historical record – except in extreme, provable circumstances, at our discretion, or if required to do so by a court of law. Whilst removals are almost always denied, we reserve the right to publicise occasions when we are forced to alter our archive.

After the security law was adopted, police arrested the owner of the pro-democracy Apple Daily Jimmy Lai in August, 2020 for allegedly “colluding” with foreign forces. Over 100 officers raided the tabloid’s offices that month, and they were raided again in June 2021. Later that month, the Immigration Department denied a work visa for HKFP’s incoming editor without reason. In September, 2020, new police guidelines stated that the Force would no longer recognise local press passes and – instead – only outlets registered with the government would be recognised. In November 2020, an RTHK journalist who investigated the police was arrested over accessing vehicle registration records amid a wider crackdown on the public broadcaster. Local independent outlet Stand News was raided in late 2021, with its editors arrested under the colonial sedition law. It shut down, along with Citizen News, all within the same week. Months later, Factwire closed. Meanwhile, the government is considering a “fake news” law, whilst a Beijing official has said media outlets should be governed “by patriots” in Hong Kong.

It is difficult to predict how the courts may interpret the law – officials are giving mixed messages over how it affects the press. Specific questions about what is acceptable and not remain unanswered, or are evaded. Court cases involving media outlets have yet to reach a verdict, so the situation remains uncertain.

We cannot be naïve when it comes to ensuring staff safety and security, protecting sources, and trying our best to navigate unclear legal realities whilst test cases go through court. Nevertheless, HKFP has never been contacted by, or received direct pressure from, the authorities.

We are a Hong Kong news outlet and have not entertained the idea of reporting on the city from elsewhere. Besides, it is only by being on-the-ground that we can maintain nuance and accuracy though attending events, press conferences, court cases and speaking directly with Hongkongers.

But because of the current uncertainties facing journalists, we may make some precautionary changes occasionally year upon legal advice that readers will spot. Above all though, we will always be guided by the journalistic tradition, our ethics code, and the day-to-day mission of ensuring accuracy and fairness. We do not believe there are any Hong Kong stories we would not be able to report and – thanks to your support – the HKFP team will continue to hold the line and press on.