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Court will not require authorities to reveal documents relating to Falun Gong watch-list

Updated at 6.04pm: The High Court on Friday ruled it would not issue a further order requiring immigration authorities to disclose documents explaining why four Falun Gong practitioners were put on a watch list.

The court was hearing an application from the four for a judicial review of the Immigration Department's decision to deny them entry into Hong Kong. They were among 83 Falun Gong members visiting Hong Kong for a spiritual conference in February 2003.

The four: Theresa Chu Woan-chyi, Liao Hsiao-lan, Lu Lih-ching and Chang Jenn-yen, had been put on a watch list.

Mr Justice Michael Hartmann on Friday said the court was not prepared to issue a further order requiring the government to disclose documents about the watch list. He said his concern was that there was no jurisdiction to make such directions.

The judge earlier ordered the department to disclose to the court details of how the four Falun Gong followers were placed on the controversial list.

The government has argued that disclosure of the documents was not in public interest.

Officials said this might reveal the internal workings of the watch-list system and 'gravely undermine the effectiveness of the immigration control system'. They also said it could 'pose a risk to the security, public order and public safety or the peace and stability' of Hong Kong.

Chief Secretary Rafael Hui Si-yan in February issued two certificates claiming public interest immunity and said the documents relating to the department's watch list were too sensitive for an open court.

Daniel Fung SC, for the government, conceded that Mr Justice Hartmann could examine part of the documents if the judge felt them relevant.

But the four Falun Gong members' legal team would not be allowed to view them. Alternatively, the government was prepared to allow the appointment of a special, independent advocate. This advocate would protect their interests if the court viewed the documents, Mr Fung suggested.

Falun Gong has been the focus of international controversy since the mainland government began a nationwide suppression of the group in 1999.

The spiritual group is legal in Hong Kong, but is illegal in the mainland where it is regarded as an evil cult.

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