Chief executive in follow through on search verdict

Authorities will study how to improve procedures and guidelines for checking vehicle plates, Chief Executive John Lee Ka-chiu said yesterday.

That was a day after the SAR's top court cleared a former RTHK producer of making false statements in a car plate search for a news report.

Lee also said the verdict showed the SAR has a "fair and just" judiciary system.

And the Transport Department, the Transport and Logistics Bureau and the Department of Justice will make improvements "to align with the requirements of the verdict."

Lee also said before an Executive Council meeting that the ruling "ensures the Basic Law is properly enforced."

The court of final appeal overturned the conviction of Bao Choy Yuk-ling, 39, who produced the RTHK show Hong Kong Connection, of making false statements in a car plate search during an investigation into a gangster-linked attack on people in Yuen Long during social unrest in 2019.

A media veteran said space for investigative journalism has been decreasing, but the verdict eased worries of editors and reporters about difficulties and press rights being ignored when attempting to go through administrative procedures.

The original ruling of the high court interpreted the law in a narrow way, the veteran said. But the ruling from the court of final appeal established a car plate search in a journalistic investigation is legal.

Asked whether authorities might try other ways to limit such searches, Executive Council member Ronny Tong Ka-wah said the chances are slim.

"The ruling clearly showed that as journalistic freedom is protected by the Basic Law a journalistic investigation is an appropriate reason for a car plate search.

"The government could risk contradicting the constitution if they further a limit car plate search for journalistic purposes."

Choy applied for the search under "transport-related issues" rather than for journalistic purposes and was fined HK$6,000 for making allegedly false statements at a West Kowloon magistrate's court in April 2021.

The judgment by the top court was that the option of transport-related matters must be understood as "a catchall for any other activities related to traffic or transport matters," including investigative journalism.

On that understanding the five-judge panel cleared Choy of making a false statement.

Choy welcomed the verdict and said: "The ruling makes it clear press freedom is a constitutional right."