HKSAR v. HO KWAI LAM

HCCP 447/2021

[2021] HKCFI 2707

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS (CRIMINAL) NO 447 OF 2021

__________________________

__________________________

____________________________

REASONS FOR DECISION

____________________________

Brief Reasons for the refusal of lifting of reporting restrictions under section 9P of the Criminal Procedure Ordinance, Cap 221

1.  It was submitted by counsel for the Applicant, inter alia, that in the interests of “public justice” or “open justice” that reporting restrictions be lifted for this bail application as the public has a right to know what was said in the bail application and the view taken by the court as to bail applications for offences under the National Security Law[1].  It was also submitted that the Applicant does not see any prejudice to her in the lifting of the restriction. 

2.  This court has a duty to protect the integrity of court proceedings down the line.  As indicated to counsel, a good example being that should the Applicant wish to instruct new counsel to represent her in the future, then the new counsel might be hampered in his or her representation of the Applicant by what was said by counsel in this bail application. 

3.  An inaccurate assertion was made in the written submissions and repeated by counsel in court that the bail application would “effectively be determined under closed door”.  I note here that counsel who drafted the written submissions was replaced by Mr Douglas Kwok in court. I invited Mr Kwok to look at the public gallery and the broadcasting facilities outside the courtroom and asked him to verify if the proceedings were in open court or “closed door” at which he then withdrew this assertion. Counsel should be more circumspect in making unfounded assertions in court.

4.  I am not persuaded that there are good reasons to lift the reporting restrictions so the application was refused.

5.  Whereupon, Mr Kwok confirmed that his instructions were that his client would withdraw her bail application if reporting restrictions were not lifted.