Plate-search case appeal rejected

A former RTHK producer has lost an appeal over her conviction of making false statements in obtaining information for her investigation of the Yuen Long attack during the social unrest in 2019.

Bao Choy Yuk-ling, 39, was arrested in November 2020 and charged with two counts of making false statements to obtain vehicle ownership records for journalistic purposes, instead of transport-related issues as she had declared.

Chow was fined HK$6,000 after she was convicted of the charges at West Kowloon Magistrates' Courts - a ruling that sparked outrage.

The documentary, released by the public broadcaster a year after the Yuen Long incident, revealed details about the mob attack on July 21, 2019, when white-clad men stormed Yuen Long MTR station.

The incident left 45 people - including protesters, commuters and journalists - injured.

Choy appealed in August, saying that she believed her reason to access the records fell under "other traffic and transport-related matters."

But High Court Judge Alex Lee Wan-tang upheld the verdict, ruling that Choy's reasons for obtaining records was not valid and constituted a false statement.

Out of the three legally permissible reasons to obtain records laid out are: legal matters, vehicle purchase, or other transport or traffic-related matters.

Choy selected the third. But that third option was modified by the department in October 2019, Choy said.

It was previously open-ended - "Others, please specify" - but was later changed to "Other traffic and transport related matters."

She said the earlier phrasing would have allowed journalists to conduct investigations freely, while the updated terms place them at risk of legal repercussions.

However, Lee said that public consultations and legislation are the only ways to extend journalists' access to public information.

The judge added he will not deny that Choy had tried to access the information with good intentions.

"But in terms of conviction, having good intentions is not a justification for defense," Lee said.

Choy cited Lee as saying journalists should seek information pertinent to public interest, but she questioned the limitations.

"I think the whole industry is disappointed with the verdict. This will affect the whole public registry system and impede the public's ability to hold the powerful accountable. But I have no regrets and I am not ashamed."

Choy said that she will speak to her legal team about taking the matter to Hong Kong's highest court, the Court of Final Appeal.

cjames.lee@singtaonewscorp.com