The first attempt by a leading activist to use the law to access his police files has ended in failure. A letter received yesterday by activist Leung Kwok-hung of the April 5th Action Group only enclosed forms to allow him to access his criminal record. This was despite photographs in a weekly news magazine, apparently showing Mr Leung being followed by police during last month's visit by then National People's Congress chairman Qiao Shi. Mr Leung has also been arrested and released without charge, made complaints on policing to the Complaints Against the Police Office, and been recorded by police video surveillance teams during rallies at Xinhua's headquarters in Happy Valley. The letter written on behalf of the Commissioner of Police says that apart from the criminal record 'the department does not hold any other record related to you that should be revealed under the Privacy Ordinance'. The reply came as 18 dissidents asked the Security Bureau and Xinhua to see their files under the Personal Data (Privacy) Ordinance. Mr Leung said he did not believe the police held no data on him, pointing to the massive police turnout for his group's rallies. 'They must have reports about me, and it must qualify as personal data,' he said. Mr Leung has a series of minor convictions picked up during demonstrations, including a fine for unlawful assembly outside the Japanese Consulate. Mark Berthold, a consultant and co-author of a textbook on privacy, said any arrest record or police complaint would be covered by the law, but the law allowed police to withhold data if it would prejudice 'the prevention or detection of crime'. They could also refuse to admit that they had data they were withholding.
