Officials must rethink plan to deny access to Hong Kong’s Companies Registry
- The proposal will damage city’s open environment for business and play into the hands of those with something to hide
When the government attempted to restrict public access to the personal data of company directors in 2012 there was an outcry. Bankers, lawyers, journalists, accountants and lawmakers slammed the move, pointing out it would undermine the city’s reputation by reducing transparency and accountability.
The proposal, included in the new Companies Ordinance, was shelved the following year in the face of such opposition. Now, the government plans to revive it.
Much has changed in Hong Kong since 2013, but the arguments against restricting access to this important information are just as valid as they were then. Officials should think again.
A paper submitted by the government to the Legislative Council this week revealed the proposal to restrict access to the residential addresses and identity card numbers of company directors and officers. This “protected information” is currently accessible to members of the public through a search of the online Companies Registry.
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The government’s intention is that, in future, access will be limited to a relatively small group of “specified persons”, such as company members, liquidators or a public officer, who must apply.
The justification for limiting access to this information is said to be “rising social concern over whether personal data contained in public registers are adequately protected”. The malicious posting of personal data became a problem during the civil unrest in Hong Kong in 2019, with police officers and their families prime targets.
But a law to combat doxxing is already in the pipeline. The government needs to show compelling evidence that the Companies Registry is being abused if it is to even begin to make a case for limiting public access to it.
The paper presented to Legco only makes a general reference to the total number of doxxing complaints received by the Privacy Commissioner last year.
Access to the data is needed for legitimate purposes. Various professional sectors rely on it for due diligence and compliance checks. It is especially important for journalists, who need the information for investigative reports.
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These searches are made in the public interest. Many scandals, including those involving government officials, have been uncovered.
Residential addresses and ID card numbers are important tools for pinning down commercial links and exposing misdeeds. There is a duty to use the information responsibly.
But access must be preserved. There is a need to balance privacy protection with the free flow of information. But the public interest must be paramount.
Curbing access to the data will damage Hong Kong’s open environment for business and play into the hands of those with something to hide.
