CHIU MAN FU AND OTHERS v. CHIU CHUNG KWAN YING

CHIU MAN FU AND OTHERS v. CHIU CHUNG KWAN YING

The court held that, on balancing the minors' right to privacy against the freedom of the press, the protection of the minors from media intrusion overwhelmingly outweighed press interests and an injunction in the terms of the draft order should be granted to restrain identification of the minors.

Citation
CHIU MAN FU AND OTHERS v. CHIU CHUNG KWAN YING
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 March 2011
Case Number
HCAP9/2005
Procedural Posture
Interlocutory Privacy Injunction (media Restriction) / High Court, Trial Ongoing, Interlocutory Application
Outcome
Application allowed; injunction granted protecting the minors' identifying information
Legal Topics
Reporting Restrictions, Protection of Minors, Balancing Competing Rights
Source Language
EN
Privacy Media Law Freedom of the Press Injunctions Reporting Restrictions Protection of Minors Balancing Competing Rights

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Interlocutory Privacy Injunction (media Restriction) / High Court, Trial Ongoing, Interlocutory Application

Legal Issues

  1. 1 Whether the court should restrain the media from publishing identifying information of minors not party to the proceedings
  2. 2 Whether such a restriction is justified by protecting the minors' privacy against the freedom of the press
  3. 3 Whether any restriction is legitimate, necessary and proportionate in the circumstances

Ratio Decidendi

The court held that, on balancing the minors' right to privacy against the freedom of the press, the protection of the minors from media intrusion overwhelmingly outweighed press interests and an injunction in the terms of the draft order should be granted to restrain identification of the minors.

Court Disposition

Application allowed; injunction granted protecting the minors' identifying information

Orders

  • Grant order in terms of the draft order submitted by Mr Yu restraining the media from publishing or disclosing the names, address, school or other personal particulars of the Deceased's minors or any information including photographs that may lead to identification of those minors
  • Liberty to the press to apply if so advised