Legal experts query scope of media gagging order by University of Hong Kong in row over audio leaks of meetings

The scope of the gagging order sought by the University of Hong Kong to ban media publication of confidential information about its council meetings remained unclear, legal experts said yesterday, as the institution finally released details of the injunction amid an outcry over its impact on press freedom.

In response to a petition, HKU said it was "not seeking to challenge the media" but aiming to prevent further leaks.

HKU plunged deeper into a political storm last week when it sought an interim court injunction order to ban Commercial Radio broadcasting and "persons unknown" publishing information about its business, including audio recordings of its meetings.

The radio station had aired two audio clips of a council discussion in a September closed-door meeting.

Right after that meeting, council chairman Dr Leong Che-hung told the media the council had voted down the sole candidate recommended by a search committee for a pro-vice-chancellorship, but he declined to give a reason. Council members have publicly confirmed former law dean Professor Johannes Chan Man-mun was the candidate. Critics say the council's rejection of the pro-democracy scholar is politically motivated.

The court order has caused anxiety in the media about whether they can report the leaked content and continue to report the council's confidential business.

Although the court order says it will not prevent the defendants from publishing information that is already in the public domain, it also says they cannot do so if the information comes as a result of a breach of this order or a "breach of confidence or privacy".