Vehicle registration check scheme 'unreasonable'

The new vehicle registration check mechanism that took effect yesterday is unreasonable, lawmaker Doreen Kong Yuk-foon said as she voiced fears that it may hamper journalistic duties.

The new mechanism requires journalists to write to apply, with full justification, to obtain the registration information and it will be for the transport commissioner to decide whether it involves "significant public interest" for the commissioner to approve it.

Speaking on radio yesterday, Election Committee-sector lawmaker Kong said the requirement to provide information before a news report is published would disrupt journalistic work.

"News coverage may be urgent, time sensitive. If the commissioner has to spend one month in vetting and making approval, the news report may already be outdated by then."

She said the Basic Law stipulates that Hong Kong people enjoy freedom of the press and of publication, and queried why the transport commissioner was being given so much power to override the basic rights of Hong Kong people.

Kong was worried that the commissioner may fail to recognize "significant public interest" in the course of vetting and approving an application.

The lawmaker suggested "media coverage" should be included when justifying the specific purpose. Otherwise, she said, the transport commissioner should provide clear guidelines and a channel for appeal.

Kong pledged to raise her concerns to the department and she would follow it up at the Legislative Council if the department failed to reply to her appropriately.

Executive Councillor and senior counsel Ronny Tong Ka-wah said the new measure might make it harder for journalists to apply for vehicle registration checks, but added that personal privacy should not be ignored despite the value of a news report.

Tong said the public should avoid speculating on what basis the transport commissioner would consider before approving an application, believing that the transport chief would obtain a lot of information before making a decision.

"Significant public interest" may be considered only if it involved criminal laws or government administration, he said.

Even without an appeal mechanism, he said any administrative decision violating procedural justice or being grossly unreasonable could be subject to judicial review.

The Exco member said it is not true that "the government has the final say."