HUI RAFAEL JUNIOR, also known as HUI SI-YAN RAFAEL AND OTHERS

HUI RAFAEL JUNIOR, also known as HUI SI-YAN RAFAEL AND OTHERS

The judge exercised judicial discretion to refuse Bloomberg News access to the prosecution's flow charts because the documents were prosecution aids (not exhibits), disclosure risked misleading the public and disclosed sensitive personal bank details, the press could follow the evidence and questions in open court to report adequately, and there were significant practical and precedent concerns; refusal did not breach the open justice principle in the circumstances.

Citation
HUI RAFAEL JUNIOR, also known as HUI SI-YAN RAFAEL AND OTHERS
Parties
Respondent: HKSAR; 1st Defendant: HUI Rafael Junior (also known as HUI Si-yan Rafael); 2nd Defendant: KWOK Ping-kwong Thomas; 3rd Defendant: KWOK Ping-luen Raymond; 4th Defendant: CHAN Kui-yuen (also known as Thomas CHAN); 5th Defendant: KWAN Francis Hung-sang (also known as Francis KWAN)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2014
Case Number
HCCC98/2013
Procedural Posture
Criminal / Ruling on Press Application for Access to Prosecution Documents (in Chambers)
Outcome
Request by Bloomberg News refused
Legal Topics
Open Justice Principle, Press Access to Court Documents, Inspection of Exhibits, Judicial Discretion, Privacy and Confidentiality of Bank Details
Source Language
EN
Criminal Law Media Law Evidence Law Administrative/judicial Procedure Open Justice Principle Press Access to Court Documents Inspection of Exhibits Judicial Discretion +1 more

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Parties

HKSAR

Respondent

HUI Rafael Junior (also known as HUI Si-yan Rafael)

1st Defendant

KWOK Ping-kwong Thomas

2nd Defendant

KWOK Ping-luen Raymond

3rd Defendant

CHAN Kui-yuen (also known as Thomas CHAN)

4th Defendant

KWAN Francis Hung-sang (also known as Francis KWAN)

5th Defendant

Procedural Posture

Criminal / Ruling on Press Application for Access to Prosecution Documents (in Chambers)

Legal Issues

  1. 1 Whether members of the press are entitled to inspect documents referred to in open court but not read aloud
  2. 2 How the open justice principle applies in criminal trials in Hong Kong
  3. 3 Whether English authorities such as R (Guardian) v City of Westminster should be followed in Hong Kong criminal trials

Ratio Decidendi

The judge exercised judicial discretion to refuse Bloomberg News access to the prosecution's flow charts because the documents were prosecution aids (not exhibits), disclosure risked misleading the public and disclosed sensitive personal bank details, the press could follow the evidence and questions in open court to report adequately, and there were significant practical and precedent concerns; refusal did not breach the open justice principle in the circumstances.

Court Disposition

Request by Bloomberg News refused

Orders

  • Request by Bloomberg News for copies of the prosecution's fund flow charts is refused