HKSAR V. CHOY YUK LING (蔡玉玲)

[2023] HKCFA 12 Court of Final Appeal 5 June 2023 • FACC2/2023 • 40 min read
21 cases cited (0 SG, 21 foreign)

Practice Areas

Basic Law Personal Data (Privacy) Ordinance

Judges (5)

Cheung Coram Fok Coram Gummow Coram Lam Coram Ribeiro Coram

Counsel (7)

Department of Justice Firm Ho Tse Wai & Partners Firm Derek Chan Counsel Appellant Derek Lau Counsel Respondent Geoffrey Yeung Counsel Appellant Kei Rui Tien Counsel Appellant Vincent Lee Counsel Respondent

Parties (2)

HKSAR Respondent Choy Yuk Ling Appellant

Summary

Journalist Choy Yuk Ling appealed against her conviction for making false statements to obtain vehicle registration certificates, which she had used for a journalistic investigation into the 2019 Yuen Long attack. The Court of Final Appeal held that the Commissioner for Transport cannot refuse certificates based on the applicant's purpose and that her statements were not false. The appeal was allowed and the convictions were quashed.

Statutes Cited

Basic Law
Art 27
Personal Data (Privacy) Ordinance (Cap 486)

Cases Cited (21)

UK (2)
[1981] 1 QB 767 [1991] 2 QB 393
HK (19)
(2005) 8 HKCFAR 137 (2007) 10 HKCFAR 1 (2009) 12 HKCFAR 568 (2014) 17 HKCFAR 593 (2015) 18 HKCFAR 138 (2017) 20 HKCFAR 196 (2017) 20 HKCFAR 333 (2017) 20 HKCFAR 524 (2018) 21 HKCFAR 214 (2018) 21 HKCFAR 456 (2019) 22 HKCFAR 97 (2020) 23 HKCFAR 311 (2022) 25 HKCFAR 191 [1999] 1 HKC 174 [2002] 3 HKLRD 541 [2007] 2 HKLRD 804 [2020] 3 HKLRD 39 [2022] HKCFI 3343 [2023] HKCFA 1

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2023] HKCFA 12)