Read the full judgment text of CACV 258/2012 on BabelCite. This Court of Appeal judgment was delivered on 28 February 2013 before Cheung CJHC and Lam JA.
Civil procedure – open justice – appeal from judicial review – application to hear appeal in camera or with partial restrictions – applicant is free television licensee – respondent is statutory broadcasting regulator – ongoing investigation into de facto control and management of applicant – provisional findings and proposed sanctions tainted by procedural unfairness per first-instance judge – whether departure from open justice justified to protect fairness of ongoing investigation, parties' reputation, and purpose of earlier undertaking and chambers hearing – general principle that justice must be seen to be done – article 10 Hong Kong Bill of Rights – balancing exercise – considerations not by themselves justifying restriction: embarrassment, economic damage, professional reputational harm, party agreement, fact that underlying proceedings were in chambers – 'necessity' test for restriction – cases concerning wards of court, mentally incapacitated persons, secret processes, refugees, torture claimants, and discrimination complainants contrasted – risk of compromised investigation not made out on facts – Form 86 and provisional findings already in public domain – applicant operates in regulated industry of major public interest – sections 26 and 27 Broadcasting Ordinance do not require civil proceedings to be held in camera, with section 27(2)(b) contemplating disclosure in such proceedings – alternative legal remedies available – Ex parte New Cross Building Society (building society vulnerability), L v EOC (mental disability discrimination), X v SFC and Shun Tak Holdings (no discussion of general principles) distinguished – right of privacy cannot prevail over public interest in open hearing – application dismissed with costs to respondent on nisi basis and certificate for two counsel.
Legal issues: Whether the substantive appeal should be heard in camera
Outcome: Application for the appeal to be heard in camera (or with partial restrictions) dismissed.
Cited by 2 cases · Cites 1 case