EditorialData clarity called for after welcome Choy ruling by top Hong Kong court
- Decision over Hong Kong journalist should lead to a better balance being struck between the right to access information and protection of privacy
The prosecution of journalist Bao Choy Yuk-ling for making false statements while accessing information on the government’s vehicle registry raised valid concerns about legal risks faced by the media when conducting investigations.
Choy, a freelance producer, was fined HK$6,000 (US$770) after being convicted by a magistrate. She had made the database search while working on an RTHK documentary about a mob attack on protesters and commuters in Yuen Long during civil unrest in 2019.
The journalist’s convictions were quashed by the Court of Final Appeal yesterday. The unanimous ruling is welcome. It should lead to a better balance being struck between the right to access information and the protection of privacy.
Choy obtained details of a vehicle owner. The database required her to state the purpose of her application by choosing one of three options from a drop-down menu. None of the options mentioned journalism. So she chose “other traffic and transport related matters”.
She was convicted on the basis that this was a false statement. But the top court found the option Choy selected was a broad “catchall” category that included genuine investigative journalism. Her statement was, therefore, not false.