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Hong KongLaw and Crime

Hong Kong prosecutors drop fugitive tycoon’s case against Apple Daily citing his fragile health

Decision means newspaper and publisher will not face summonses over disclosing Joseph Lau Luen-hung’s personal data without his consent

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Joseph Lau Luen-hung leaving a restaurant with his girlfriend Chan Hoi-wan in Wan Chai in 2014. Photo: Dickson Lee
Chris Lau

Hong Kong prosecutors on Wednesday dropped their case against a local newspaper for publishing fugitive Joseph Lau Luen-hung’s medical report in a trial that ended up revealing the tycoon’s recent fragile health.

Deputy director of public prosecutions David Leung Cheuk-yin told Kwun Tong Court that since the department was told on Monday that Lau, an important witness, was no longer fit to take the stand gainst Apple Daily, there would be no reasonable prospect for prosecution.

The prosecutors thus decided not to offer further evidence to pursue the case, he said, meaning that Apple Daily, Apple Daily Printing, and its associate publisher Cheung Kim-hung would not face their four summonses of disclosing personal data obtained without consent in breach of the Personal Data (Privacy) Ordinance.

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Apple Daily associate publisher Cheung Kim-hung outside Kwun Tong Court on Monday. Photo: Dickson Lee
Apple Daily associate publisher Cheung Kim-hung outside Kwun Tong Court on Monday. Photo: Dickson Lee
Lau made a complaint to the Office of the Privacy Commissioner for Personal Data days after Apple Daily ran its medical report when it covered the tycoon’s corruption trial in Macau in 2013. Lau was jailed for more than five years in that case, but served no time behind bars due to the lack of a fugitive transfer agreement between Macau and Hong Kong, where Lau is based.
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On Monday, the court dropped a bombshell when it revealed Lau was not present, prompting the magistrate to ponder an arrest warrant.

Upon further enquiries, a summary of Lau’s latest medical report was read in court, confirming that Lau – suffering from heart and renal conditions as well as diabetes – had been hospitalised and undergoing three to four dialyses per week.

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