Hong Kong Rugby Union and Pieter Schats Plead Not Guilty

The trial of the Hong Kong Rugby Union (HKRU) and it’s Chairman Pieter Schats on Criminal Defamation reached the plea stage at Eastern Magistrates Court on 22 April, 2016 with the charges in the private prosecution read out to the defendants:

The charges read out were:

Information has been laid THAT YOU, Hong Kong Rugby Union a limited company registered in Hong Kong did on the 25 September, 2015 in Hong Kong deliberately and maliciously published, in the form of the article annexed here, defamatory libel knowing it to be false and factually inaccurate in breach of Section 5 of the Defamation Ordinance, Cap 21 of the Laws of Hong Kong.

The article in the form of a letter written by the Chairman of the Hong Kong Rugby Union on the letterhead of the HK Rugby Union (HKRU) was published to “All of our friends at World and Asia Rugby, Hong Kong Rugby Union Past Chairmen and Vice Presidents, Board of Directors, Hong Kong Rugby Club Chairmen and the Hong Kong Rugby and Sporting Community. It was also published on the HKRU’s website www.hkrugby.com under the title “Note from HKRU Chairman Pieter Schats.”

On or before the 23 September, 2015 the Hong Kong Rugby Union (HKRU) – the organisation responsible for the running and management of the sport of Rugby Union in Hong Kong – did approve and implement a new rule imposing ethnic Chinese player quotas on teams playing rugby in Hong Kong.

The HKRU on the 23 September, 2015 published on it’s website and caused to be published in the SCMP a news release entitled “Significant changes made to Hong Kong Rugby Union Domestic League structure”. Part of the text of that news release was: The modified Championship Club structure sees that league now highly focused on serving as an entry point and breeding ground for Chinese players, with all teams required to include a minimum of 14 ethnic Chinese players in each match day squad.”

Simon Durrant, the editor and publisher of bc magazine for 21 years wrote an article about the introduction of active racial discrimination, via ethnic quotas, into HK Rugby. According to Chapter 602 The Racial Discrimination Ordinance this is illegal in Hong Kong. The article entitled Active Racial Discrimination in HK Men’s Rugby was published on www.bcmagazine.net on the 24 September, 2015.

The HKRU letter dated 25 September, 2015 in full and specifically but not limited to paragraphs 3,4,5 is defamatory, disparaging and factually untrue. It besmirches and stains the integrity and reputation of Simon Durrant as a journalist and the factual accuracy of his article and in doing so the reputation and integrity of bc magazine – where Simon Durrant often recognised in public as ‘Mr bc’ has been the Owner, Publisher and Editor of bc magazine for over 21 years. Contrary to Section 5 of the Defamation Ordinance, Chapter 21

The HKRU representative Mr Schats pleaded not guilty

Information has been laid THAT YOU, Pieter Lodewijk Schats as Chairman of the Hong Kong Rugby Union on the 25 September, 2015 in Hong Kong deliberately and maliciously published, in the form of the article annexed here, defamatory libel knowing it to be false and factually inaccurate in breach of Section 5 of the Defamation Ordinance, Cap 21 of the Laws of Hong Kong.

The article is in the form of a letter written by Pieter Schats, Chairman of the Hong Kong Rugby Union on the letterhead of the HK Rugby Union was published to “All of our friends at World and Asia Rugby, Hong Kong Rugby Union Past Chairmen and Vice Presidents, Board of Directors, Hong Kong Rugby Club Chairmen and the Hong Kong Rugby and Sporting Community. It was also published on the HKRU’s website www.hkrugby.com under the title “Note from HKRU Chairman Pieter Schats.”

On or before the 23 September, 2015 the Hong Kong Rugby Union (HKRU) – the organisation responsible for the running and management of the sport of Rugby Union in Hong Kong – did approve and implement a new rule imposing ethnic Chinese player quotas on teams playing rugby in Hong Kong.

The HKRU on the 23 September, 2015 published on it’s website and caused to be published in the SCMP a news release entitled “Significant changes made to Hong Kong Rugby Union Domestic League structure”. Part of the text of that news release was: The modified Championship Club structure sees that league now highly focused on serving as an entry point and breeding ground for Chinese players, with all teams required to include a minimum of 14 ethnic Chinese players in each match day squad.”

Simon Durrant, the editor and publisher of bc magazine for 21 years wrote an article about the introduction of active racial discrimination, via ethnic quotas, into HK Rugby. According to Chapter 602 The Racial Discrimination Ordinance this is illegal in Hong Kong. The article entitled Active Racial Discrimination in HK Men’s Rugby was published on www.bcmagazine.net on the 24 September, 2015.

Pieter Schats letter dated 25 September, 2015 in full and specifically but not limited to paragraphs 3,4,5 is defamatory, disparaging and factually untrue. It besmirches and stains the integrity and reputation of Simon Durrant as a journalist and the factual accuracy of his article and in doing so the reputation and integrity of bc magazine – where Simon Durrant often recognised in public as ‘Mr bc’ has been the Owner, Publisher and Editor of bc magazine for over 21 years. Contrary to Section 5 of the Defamation Ordinance, Chapter 21

Mr Pieter Lodewijk Schats pleaded not guilty.

SCMP article Hong Kong rugby to revamp domestic leagues in effort to strengthen national team - with ethnic quota rule intordution highlighted
SCMP article “Hong Kong rugby to revamp domestic leagues in effort to strengthen national team” with ethnic quota rule introduction highlighted.

The cases centre around the Hong Kong Rugby Union’s introduction of Ethnic Quotas to local rugby in September 2015 – as announced by the HKRU in a 23 September news release on their website and also published in the SCMP (linked here) on the 22 and 23 September.

The HKRU website version (linked here) was quickly amended after Simon Durrant’s article (linked here) that ethnic quotas and racial discrimination are illegal in Hong Kong was published on the 24 September.

A day later on the 25 September Mr Schats published a note to the global rugby community (linked here) which according to Mr Durrant is defamatory and factually inaccurate.

Both cases were adjourned for three weeks.