184 / 192
Director of Marine as a result of a marine accident for the purpose of determining the
issue of liability of the defendant and were necessary for disposing fairly of the cause or
matter in the proceedings. Bharwaney J expounded how the Court would balance the
need for disclosure in the interest of the administration of justice and countervailing
factors such as “protection of personal data” under the Ordinance and “the duty of
confidentiality” under common law.
12.79
The Court explicitly noted that the exemption under section 60B is broader as compared
with section 58(2) because there is no requirement to show prejudice to the purpose
under section 58(1) before the exemption can be invoked. In illustrating the application
of section 60B(a), the Court cited the examples of section 13 of the Motor Vehicles
Insurance (Third Party Risks) Ordinance, (Cap 272) and section 44(A) of the Employees’
Compensation Ordinance (Cap 282) which create a duty on the part of the insured
person to give particulars of his motor insurance policy and to produce the insurance
policy and other related documents for inspection. Hence, disclosure of the insurance
particulars, including the identity of the insurer, is required to be made under these
statutory provisions.
13
12.80
The Court further mentioned that in cases of accidents where persons have been injured,
the investigating authorities ought to have no hesitation in concluding that applicants
seeking discovery of witness statements and investigation reports in respect of an
accident are doing so because those documents are required either in connection with
their contemplated legal proceedings for damages for personal injuries against the
tortfeasors concerned, or are required for establishing and exercising their legal rights.
Hence, they can be confident that the relevant exemption in section 60B protects them.
However, section 60B does not compel a data user to make disclosure. In case of any
doubt as to the genuineness of an applicant’s intended claim or the legitimacy of the
disclosure application, the party can apply for a Court order.
12.81
If the exemption in section 60B is invoked, there is no longer any need to redact the
personal data contained in the documents in question. Even if the exemption does not
apply, the Court is still able to order discovery if, in balancing those countervailing rights,
it comes to the view that privacy rights must give way to the public interest.
Section 61 —News
12.82
Section 61 relates to striking a fair balance between upholding the freedom of the press
essential to journalists and the protection of the personal data privacy rights of
individuals. Section 61 applies to personal data held by a data user who engages in
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The application of section 60B(a) is also illustrated in the decision of the AAB in
AAB No.41/2014
. The AAB in this case
considered that the printing of the particulars as specified under Schedule 9(1) of Road Traffic (Registration and
Licensing of Vehicles) Regulations (Cap 374E) on a closed road permit and the display of the permit in front of a vehicle
as required under Regulation 56 is exempt from DPP3 by virtue of section 60B(a). In another decision
Ng Shek Wai v The
Medical Council of Hong Kong
(HCAL 167/2013), the Court also explained the application of the exemption under
section 60B(a) for disclosure, which is required or authorised by the common law principle of open justice, of the names
of the counsel acting for a medical practitioner in a disciplinary inquiry and the panel members of the medical council
hearing the inquiry.