TD hits back after journalist group says new vehicle registration check mechanism contradicts court judgment

The Transport Department on Thursday hit back at the Hong Kong Journalists Association after the group accused the new vehicle registration checking scheme of contradicting the judgment of the Court of Final Appeal.

Journalists are now required to apply in writing, with full justification, to obtain the registration information and it will be for the transport commissioner to decide whether it involves "significant public interest" in order to get it approved.

The change came after former RTHK producer Bao Choy Yuk-ling won an appeal at the city’s top court against her conviction of making false statements in a car plate search during an investigation into the Yuen Long attack during the social unrest in 2019.

She was originally fined HK$6,000 in April 2021 for accessing the registry by selecting “other traffic and transport related matters” from a dropdown menu on the online application system.

A panel of five judges at the Court of Final Appeal later ruled that serious journalism should not be excluded from “other traffic and transport related matters” and set aside her sentence. 

On January 8, the Transport Department deleted the option in its new system for accessing the records, with the journalist group later issuing a letter to the department saying the change is inconsistent with the court ruling and the city’s constitutional guarantees of press freedom, which could impact journalism in the city.

In a response on Wednesday, the department said the enhanced application process strengthens the regulatory framework to ensure that the purpose of the application aligns with the intended purpose of setting up the registry.

The department said the new arrangements clearly specify the purpose of establishing the registry and indicated compliance with application conditions, which is lawful and legitimate. 

It also noted that the court’s ruling acknowledged the transport chief’s right to request applicants to provide their reason for accessing the registry, which would only be accepted when the disclosure of personal data is in the public interest, as well as the data being used in a lawful manner.