Newly elected legislator Emily Lau Wai-hing pledged to battle on with her private prosecution of the director of Xinhua yesterday despite fears that crippling legal costs might jeopardise her Legco seat. The successful Frontier candidate said outside court she could face a bill for millions of dollars if she lost the case and was ordered to pay costs incurred by the defence. 'They could kill two birds with one stone. Get me to pay the costs, I can't pay, I go bankrupt, then I am thrown out of Legco,' she said, explaining that people who are bankrupt cannot remain legislators. But Ms Lau said there was no question of her pulling out of the case. 'I have not been intimidated. I raise this point to say I have considered everything carefully.' Ms Lau has brought a private prosecution against Xinhua director Jiang Enzhu over an alleged breach of data privacy laws in which the agency failed to respond to her request to see any files it held on her within 40 days. The move followed a refusal by the Secretary for Justice to take the matter to court. But Mr Justice Frank Stock ordered that the proceedings, due to go ahead next week, be halted until after full consideration has been given to a bid by Mr Jiang to have the case thrown out. The judge yesterday gave the director permission to proceed with the challenge at the Court of First Instance. Alan Hoo SC, for the director, said Ms Lau's aim in bringing the prosecution was simply to drag Mr Jiang through the courts. Mr Hoo told the judge: 'The whole purpose, whether for political motives or otherwise, is simply to embarrass the aggrieved person by having him brought before the criminal court with the attendant media coverage.' He argued that there had been an abuse of the court system because important information had been withheld from the magistrate who allowed Ms Lau to pursue the prosecution. It had not been revealed that Mr Jiang, who is the target of the summons, had not been working for Xinhua when Ms Lau requested details of any files the organisation held on her. 'He could not possibly have either received or answered or complied with that request because at the material time he was the ambassador of the People's Republic of China to the United Kingdom,' said Mr Hoo. Mr Hoo argued the case had been brought too late and that the alleged offence cannot apply to Mr Jiang.