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JULIE CHU

The reasons for not appointing a democracy supporter to a pro-vice-chancellor post at the University of Hong Kong were a matter of public interest for which restrictions should not be imposed on the press, the High Court heard yesterday.
Barrister Martin Lee Chu-ming SC, representing Chinese-language newspaper Apple Daily, argued that the public had the right to know why the university's governing council had rejected the appointment of Professor Johannes Chan Man-mun.
Lee urged Mr Justice Godfrey Lam Wan-ho not to extend the interim injunction that the university sought to prevent details of council meetings being revealed to the public.
READ MORE: Judge 'concerned' over Hong Kong University's gag order as city's media prepare to fight for press freedom
"What is so important that the court should restrict its disclosure?" Lee asked.
"Strong public interest is involved in this matter. When they know the reasons, or the way the people [in the council] gave their reasons, it may help them to have a debate about the subject."
The university is asking the court to extend the interim order to ban further release of information about the council's closed-door meeting in September until a full hearing is held.

The council discussed the appointment of Chan in June and voted it down in September. Critics said the council's move was politically motivated.
Two recordings were leaked to Commercial Radio in October revealing that council members Professor Arthur Li Kwok-cheung and Leonie Ki man-fung had criticised Chan's academic qualifications and personal integrity.
The university obtained an interim order against the broadcaster and "persons unknown" who possess information about the five HKU council meetings held since June.
Commercial Radio did not contest the order and withdrew from the case earlier this month.
The Journalists Association, Apple Daily and Marcus Lau Yee-ching, chief editor of HKU student publication Undergrad, are seeking to challenge the order. They asked the court to accept them as defendants in the case.
Lee said Chan's appointment had been widely reported and discussed in society since June and had raised public concern.
"The [university] is seeking to protect the right to claim confidentiality for the meeting. But the right is not guaranteed by the Basic Law and freedom of the press," Lee said.
"If the fundamental right is to be restricted, it should give more freedom rather than narrow it down," he added.
Barrister Clifford Smith SC, representing HKU, said the university's concern was that the leaking of the recordings struck at the heart of the principle of confidentiality.
He said members of the council should feel free to express their views in the meeting when they discussed matters concerning the university without fear that what they said would be aired on radio or television.
Lam reserved judgment to an unspecified date on whether to extend the injunction and accept the three applicants as parties to the case.


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Martin Lee Chu-ming arrives High Court for the HKU injunction case. 24NOV15

Barrister Martin Lee arrives for the High Court hearing. Photo: K. Y. Cheng

University of Hong Kong's counsel Clifford Smith arrives High Court for the injunction case. Photo: K. Y. Cheng

Judge 'concerned' over Hong Kong University's gag order as city's media prepare to fight for press freedom

The Hong Kong Journalists Association hold a protest at the University of Hong Kong on Monday to demand the university withdraw its injunction against Commercial Radio and other media from reporting on leaked audio recordings of its council's confidential meetings. Photo: Dickson Lee

Professor Johannes Chan Man-mun

News

Hong Kong

Law and Crime

Barrister martin Lee makes argument against injunction barring disclosure of details of university council discussion on top manager
