Read More
Legal advisers at the Legislative Council have raised more than 20 questions over government plans to tighten media access to the city's land records, with lawmakers warning the changes may hamper investigative reporting.
ADVERTISEMENT
SCROLL TO CONTINUE WITH CONTENT
The concerns were raised on Tuesday at the first meeting of a LegCo subcommittee examining eight pieces of subsidiary legislation tied to the Title Registration System (TRS).
Under the proposed amendments, searches of the deed registration system would be limited to nine purposes, including academic and market research. However, news reporting is not among the specified purposes, and applicants seeking records on public-interest grounds would have to declare how they would use the data, with the Land Registrar deciding each case.
In a letter to the government, LegCo’s legal adviser raised more than 20 questions about grounds for refusal and a review or appeal mechanism.
The adviser also asked whether a list of qualifying public-interest cases would be published, pointing to the government's earlier example of a news investigation into large-scale illegal structures and ownerless properties.
Lawmakers warn of reporting hurdles
Lawmaker Kenneth Fok Kai-kong also wrote to the committee earlier, saying media searches should follow clear rules but the authorities must also "reasonably balance privacy with the public's right."
“It is always better to be too loose than too tight to legitimate newsgathering,” Fok wrote.
However, Fok withdrew from the committee because he is due in Beijing to attend the National People's Congress, noting he did not want to hold up deliberations or block other lawmakers from joining.
Lawmaker Rebecca Chan Hoi-yan, a former journalist, challenged the proposal to leave public-interest applications to the registrar's individual judgment, warning it would box in reporters. Pointing to the blurred lines in investigative work, Chan said financial probes often uncover unrelated public-interest issues, such as illegal structures or the illegal sale of small-house building rights by New Territories indigenous villagers.
She further cited a case where reporters' searches exposed suspected Cambodian scam syndicates holding 11 luxury properties on The Peak — a revelation that prompted the Department of Justice to freeze the assets.
Without an appeal mechanism, she warned, the registrar could reject an application without considering the media's perspective. She proposed that accredited media registered with the Government Information Services be deemed to qualify under the public-interest purpose, provided the application is filed by a legal representative or newsroom head.
Government defends one-to-two-day approval
In response, Permanent Secretary for Development Doris Ho Pui-ling clarified that the category covering academic research or analysis of the property market would also apply to media reports on property or the housing market.
She added that media can apply on public-interest grounds when they cannot fit their work under a specified purpose, with the registrar weighing public interest against personal privacy.
The system was not designed to facilitate investigative reporting, Ho said, stressing non-property-related applications must be handled cautiously.
She further defended the one-to-two-day approval window as reasonable to stakeholders, arguing it will have limited impact because investigative reporting requires lengthy preparation.
Rejected applicants left with judicial review
Land Registrar Bruno Luk Kar-kin explained that the proposed system draws on the Transport Department's register of vehicles, which has been upheld in judicial review.
Citing primary legislation, he noted that applicants must have a specified purpose. While the registrar's decisions can be appealed to the courts, he said the law did not cover the refusal of a new land search application.
For applicants who disagree with the registrar's decision, he pointed to judicial review, adding that an appeal mechanism or improving the system would require amending the primary legislation.
