Hong Kong: Freedom of the (Entertainment) Press, Part 2. Other Objectionable Materials – David Ma

24 03 2017

The entertainment press should behave responsibly and evaluate whether the materials are legally sourced and whether their publication would be legal to steer clear of criminal prosecutions and civil lawsuits. Read the rest of this entry »





Hong Kong: Freedom of the (Entertainment) Press: Part 1, Data Privacy and Public Interest – David Ma

23 03 2017

The Hong Kong Privacy Commissioner for Personal Data (“Commissioner”) examined the relationship between freedom of the press and personal data (“PD”) in the context of paparazzi and the Personal Data (Privacy) Ordinance (“PDPO”) in Reports R12-9159 [pdf] and R12-9164 [pdf]. The appeals to the Commissioner’s decisions were dismissed by the Administrative Appeals Board (“AAB”) in Appeal Nos 5/2012 [pdf] and 6/2012 [pdf].  Read the rest of this entry »





Case Law, Hong Kong: Pui Kwan Kay v Ming Pao, Responsible Journalism Defence fails

25 09 2013

Pui Kwan KayThe Hong Kong Chinese-language newspaper Ming Pao Daily was ordered to pay defamation damages of HK$500,000 (£69,000) to Hong Kong Football Association vice-chairman Pui Kwan-Kay. In a ruling handed down on 6 September 2013 ([2013] HKCFI 1442) Mr Justice Thomas Au Hing-cheung rejected the newspaper’s defence of “responsible journalism”. Read the rest of this entry »





Case Law, Hong Kong, Oriental Press Group v Fevaworks, Provider of Internet Forum is a publisher but has “innocent dissemination” defence

17 07 2013

2013-03-26_111713In Oriental Press Group Ltd & Others v Fevaworks Solutions Ltd & Others [2013] HKCFA 47, the Hong Kong Court of Final Appeal held that an internet forum provider is not like a notice board owner and not a first or main publisher, but qualifies as a subordinate publisher entitled to rely on the defence of innocent dissemination. Read the rest of this entry »