Stalking law should protect legitimate journalism, activism, consultants say
Consultants say proposed measure should exempt newsgathering and campaigning, an idea at odds with government's approach
Journalists and campaigners should be specifically exempted from both criminal and civil liabilities under the proposed law against stalking, a government consultancy report has recommended.
The stance contrasts with the approach taken by the Law Reform Commission and the government, which focuses on possible legal defences when the public interest may be more important than the privacy of Hongkongers.
"Any new criminal or civil liability based on the stalking of another person should exempt legitimate activities such as newsgathering activities and expressive activities concerning public affairs," stated the report by the University of Hong Kong's centre for comparative and public law.
The Constitutional and Mainland Affairs Bureau acknowledged in a paper to the Legislative Council yesterday that the latest advice "differed" from that of the Law Reform Commission, which had suggested a "reasonable pursuit" defence and defence for conduct pursued for the purpose of preventing or detecting crime.
The HKU report, which was commissioned by the Constitutional and Mainland Affairs Bureau, criticises that idea, saying "it leaves the legal position too uncertain".
The report adds that the United Kingdom's equivalent law has similar defence provisions which have been used against the media and demonstrators, and have "arguably not provided them with sufficient protection".