Hong Kong Case Law: Decisions & Judgments

Topic

Open justice principle

Legal area

Court

20 Feb 2025

方家齊對廖玉玲主席行政上訴委員會 [Decision on Leave Application]

Citation

[2025] HKCFI 769
Court

Court of First Instance
Case number

HCAL180/2022

Permission for judicial review was refused because the applicant failed to demonstrate an arguable public law error by the Administrative Appeals Board and did not produce objective evidence sufficient to displace the statutory presumption of open hearings under Cap.442; the cited precedent was factually distinguishable and did not support the claim for anonymity.
3 Nov 2023

CB v. APTHORP, BRIAN DREW

Citation

[2023] HKDC 1556
Court

District Court
Case number

DCPI357/2021

Court granted a limited anonymity order because, on the facts, the interest of the private lives of the plaintiff and the foreseeable risk of further victimisation and psychological harm to the plaintiff and her daughters justified departing from the general rule of open justice; the restriction was proportionate (limited to anonymising the plaintiff's name), the writ's prior limited public disclosure and the timing did not produce prejudice to the defendant or require trial postponement, and alternatives were insufficient to protect the plaintiff's private interests.
24 May 2023

WSSA v. SYH

Citation

[2023] HKFC 94
Court

Family Court
Case number

FCMC4633/2020

The court refused the Rule 121 application because, on a proportionality balancing exercise, the petitioner's request to disclose a large volume of confidential matrimonial materials to assist a non‑party criminal defendant did not justify lifting the implied undertaking; the applicant failed to show necessity, bona fides and that the materials could not be appropriately handled within criminal process, and the court retained jurisdiction to hear the application despite a pending recusal.
18 Mar 2020

RE CHINA FISHERY GROUP LTD AND ANOTHER

Citation

[2020] HKCA 169
Court

Court of Appeal
Case number

CACV515/2018

The court held that the Trustee could not satisfy at least the criterion that the foreign jurisdiction and the company have a relevant connection, and even if the statutory/factor test were satisfied the court would decline to provide the assistance sought because public policy considerations (including the Companies' conduct in submitting to Hong Kong jurisdiction and then litigating elsewhere to hinder enforcement) outweighed the presumption of open justice; accordingly the application to lift restrictions and to use the Kwok Decision was refused and the fresh evidence was not admitted to a…
14 Jan 2019

RE CHINA FISHERY GROUP LTD

Citation

[2019] HKCFI 174
Court

Court of First Instance
Case number

HCMP134/2018

The trustee could not justify access because he lacked the requisite territorial or jurisdictional connection for recognition/assistance (the appointed Chapter 11 trustee related to entities with no relevant US connection) and because the Chapter 11 filings were instituted to frustrate undertakings given to this Court, making recognition or assistance contrary to public policy; on balance the open justice principle did not require disclosure, so the application was dismissed.
18 Feb 2015

NG SHEK WAI v. THE MEDICAL COUNCIL OF HONG KONG

Citation

NG SHEK WAI v. THE MEDICAL COUNCIL OF HONG KONG
Court

Court of First Instance
Case number

HCAL167/2013

The court held that Data Protection Principle 3 did not prevent disclosure of the identities sought either because the request fell within the exemption in PDPO s60B(a) (authorised by the common law principle of open justice) or because disclosure was not a 'new purpose' but within the original or directly related purpose; the Medical Council had misdirected itself by focusing on DPP3 and failing to apply the open justice principle; basic identities of adjudicators, the Legal Adviser and defence counsel in a public disciplinary inquiry held openly should normally be disclosed upon reasonable…
15 Jul 2014

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

Citation

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

Court of First Instance
Case number

HCCC98/2013

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.
6 Feb 2004

CHAO PAK KI, RAYMUND AND ANOTHER v. THE HONG KONG SOCIETY OF ACCOUNTANTS (a body corporate)

Citation

CHAO PAK KI, RAYMUND AND ANOTHER v. THE HONG KONG SOCIETY OF ACCOUNTANTS (a body corporate)
Court

Court of First Instance
Case number

HCAL134/2003

The application for anonymity was dismissed because the applicants failed to show that publication of their names would lead to a denial of justice; the public interest and principle of open justice in judicial review and regulation of the profession outweighed the applicants' claim of professional embarrassment, and the proposed suppression would amount to an impermissible effective permanent restriction on open proceedings.