Class 3, Feb. 1, 2011

Court Reporting/Contempt of Court: How are the courts structured? What is the difference between a jury trial and a judge trial? What kinds of cases are heard in the different courts? What is contempt?  How is it triggered and who can be held liable? What are the statutory reporting restrictions in Hong Kong (compared to other jurisdictions) in covering juveniles, victims of sexual offenses, committal and judicial proceedings and corruption cases? And how does one “scandalise the court”?

Visiting expert: Cliff Buddle, Deputy Editor, South China Morning Post,  and former senior courts reporter

Readings:

Primary:

• Legal Systems (Chapter 2) and Court Reporting/Contempt of Court (Chapter 4), Hong Kong Media Law
• “Lord Chief Justice Allows Twitter in Court,” BBC,  20 Dec 2010.   “Interim Practice Guidance: The Use of Live Text-Based Forms of Communication (Including Twitter) From Court For the Purposes of Fair and Accurate Reporting”

Supplementary:

• Halsbury’s Laws of Hong Kong, Media and Communications, Sect. 255.012 (“Contempt of Court”) and Section 255.042 (“Reporting Restrictions in respect of Judicial Proceedings”)

Case Studies:

• Attorney General v. Hertzberg, 2008 (Singapore and Dow Jones) and Attorney General v. Alan Shadrake 2010 (Singapore and UK author)
• Secretary for Justice v. Sun News Publisher & Others, 2006 (publishing new and old criminal allegations before trial.)
• Attorney General v. Cheung Kim Hung 1997 (Next Magazine case) (publication in close proximity to time jury was to deliver verdict)
• Wong Yeung Ng v. Secretary for Justice 1999 (Oriental Daily case) (scandalizing the court)
• The Sunday Times v. The United Kingdom 1979 (European Court of Human Rights, injunction restraining newspaper article discussing substance of pending litigation)