Hong Kong Media Law

Chapter 1: Overview and Freedom of Expression

July 2010 “The Vice Tightens: Pressure Grows on Free Expression in Hong Kong,” 2010 Annual Report, Hong Kong Journalists Association

3 June 2010 “Activists lose appeal against conviction,” RTHK

3 June 2010 “Creator of democracy statue deported,” RTHK

23 April 2010 “Activists face July trial over protests,” RTHK (Six pro-democracy activists, who face unlawful assembly charges, will go on trial in mid-July. They’re facing the charge for staging a protest against the jailing of dissident Liu Xiaobo on Christmas day. The demonstration was held outside Beijing’s Liaison Office.)

Chapter 2: Legal System

10 June 2010 “Legco endorses new chief justice,” RTHK

28 April 2010 “More time needed for FC (functional constituencies) consensus,” HKSAR Government

14 April 2010 “2012 Electoral methods package published,” HKSAR Government

9 April 2010 “Geoffrey Ma named chief justice,” HKSAR Government.

8 March 2010 “Xi: HK must respect Beijing’s authority,” RTHK (Vice President Xi Jinping has told HK to strictly abide by the Basic Law and respect the central government’s power under the “one country, two systems” principle. Xi was speaking during a closed-door meeting with HK deputies of the National People’s Congress in Beijing. NPC standing committee member, Rita Fan, said she believe the comments were directed at the de facto referendum campaign by the pro-democracy camp in HK, after the resignation of five legislators.)

19 February 2010 “Constitutional consultation concludes,” HKSAR Government. (Summary: During a three-month consultation period, more than 40,000 submissions and 1.6 million signatures have been presented in response to the government’s proposed 2012 constitutional development package. A government spokesman says that the timetable includes submitting a proposal to amend Appendix I and II of the Basic Law to the Legislative Council for a vote before summer recess 2010.)

21 January 2010 “Solicitors to appear in higher court,” RTHK.  The Legislative Council passed a new law permitting solicitors to apply to represent clients in Hong Kong’s higher courts. Those with five years in the profession can apply to an assessment board for audience rights in the High Court and the Court of Final Appeal. Until now, only barristers had such rights.

Chapter 4: Court Reporting and Contempt of Court

1 November 2010 “Reporting ban during Kissel hearing,” RTHK

15 July 2010 “Lawyers upset over gag order protecting victims in blackmail case,” South China Morning Post.

(A court order barring the press from publishing the name of a religious group or the occupation of the victims and witnesses in a blackmail case may have gone too far, lawyers say. The ban, imposed in the District Court at the request of prosecutors, could be open to judicial review, the Law Society said. In reports of the case, media were able to describe the victims only as X and Y, a member of a religious organisation and the head of a religious organisation respectively, or face contempt of court charges….

The order appeared to be stricter than one in a 2007 blackmail case involving a senior government official over an affair. In that case, the judge ordered that the officer be named only as “Mr X” but did not bar the press from revealing that he was a high-ranking civil servant.)

Chapter 5: Access to Information

13 September 2010 “Police ‘breaking promise’ to let news flow freely,” South China Morning Post

13 September 2010 “Cops accused of being less than open with the news,” The Standard

12 September 2010 “Police force respects press freedom,” HKSAR Government.

12 September 2010 Hong Kong Journalists Association “Urges immediate access to spot news information received by police.”

17 May 2010 Civic Exchange submission to Legislative Council Panel on Constitutional Affairs, “Code of Access to Information and Management of Public Records

19 March 2010 “Hong Kong’s Code on Access to Information Turns 15 Years Old: Can the Right to Know Thrive Without a Law?”, and “Fifteen Years of Experience of Using the Code,” Chan Pui-king, www.freedominfo.org

29 January 2010 “Watchdog on warpath over information blocks,” The Standard (Summary: After a year-long investigation, the Ombudsman has released a report, slamming the government for being half-hearted in implementing its access-to-information policy.)

28 January 2010, Office of the Ombudsman’s Direct Investigation on Effectiveness of Administration of Code on Access to Information by Constitutional and Mainland Affair Bureau.  See report here.

Chapter 6 Privacy

18 October 2010 “Government seeks tighter privacy laws,” RTHK

18 October 2010 Government published Consultation Report on Review of the Personal Data (Privacy) Ordinance and launched further consultation period. Deadline for submission 31 December 2010.

Chapter 9: Reporting on the Mainland

5 November 2010 “Beijing’s man in HK meets the media,” South China Morning Post. (SUMMARY: Beijing’s new man for Hong Kong, Wang Guangya, met the city’s media for the first time. He spoke in Beijing on the sidelines of a meeting with a visiting Hong Kong group, a move that marks a break from the typically secretive operations of the Hong Kong and Macau Affairs Office since the 1997 handover.  He invited Beijing-based Hong Kong and Macau journalists to meet with him and took several questions. Wang, 60, took over the position in October 2010 after a 35-year diplomatic career, including a stint at the United Nations.  Wang is also the son-in-law of Chen Yi, one of the founding fathers of the People’s Republic of China.)

9 October 2010 “New head of HK and Macao Affairs Office,” RTHK

30 September 2010 “Study exposes poor govt transparency,” Global Times

29 June 2010 “Google will stop bumping Chinese searchers to Hong Kong,” New York Times

5 May 2010 “Mainland to ban anonymous web posts,” RTHK

27 April 2010, “China Moves to Tighten Data Controls,” New York Times

16 April 2010, “China Starts New Bureau to Curb Web,” New York Times

9 April 2010 “I was Hacked in Beijing,” New York Times

1 April 2010 “Journalists’ E-mails Hacked in China,” New York Times

8 March 2010 “Mainland press protection sought,” RTHK (A proposal which would provide more protection for Hong Kong journalists reporting on the mainland has been put forward to the National People’s Congress.  The proposal was endorsed by 33 members of the Hong Kong delegation to the NPC.)

25 February 2010 “China toughens internet rules,” AFP

10 February 2010 “HK journalists-mainland police clash,” RTHK

10 February 2010 “Fury at jail for quake activist,” The Standard

9 February 2010 “Editor Reviewing China Quake Death Is Sentenced,” The New York Times

9 February 2010  Hong Kong Journalists Association “urges the release of Tan Zuoren and condemns Sichuan police for restriction on press freedom.”

31 January 2010 “China Clings to Control: Press Freedom 2009,” International Federation of Journalists (Report details China’s secret bans on media reporting.)

19 January 2010 “Hackers target foreign journalists,” RTHK

Chapter 12: Broadcasting

30 December 2010 “Broadcasting, advertising codes revised,” HKSAR Government

5 November 2010 “Government approves 3 digital radio licenses,” RTHK

2 July 2010 “New free TV licence conditions to be imposed,” HKSAR Government

4 May 2010 “Debate on political broadcasts needs aired,” The Standard

3 May 2010 “Political advertising complaints probed,” HKSAR Government

29 April 2010 “Warning issued on illegal broadcasts,” RTHK (Participants in forums broadcast via unlicensed radio channels commit a criminal offence, the Office of the Telecommunications Authority says. It issued the warning after learning some Legislative Council by-election candidates plan to speak on such broadcasts in May.)

7 January 2010 “Communications Authority to be established.” HKSAR Government. (Summary: Rita Lau, Secretary for Commerce & Economic Development, told the Legislative Council that the Broadcasting Authority and the Office of the Telecommunications Authority will be merged to form a unified regulator.