|
Privacy
Anti-stalking Law Proposal raised Worries(Go Top)
Press freedom should not be affected when enacting law on stalking, according to Hong Kong Human Rights Commission. Journalists should have right to report people who hold public offices or serve as civil servants, the Commission added.
On the other hand, more than half the submissions to the Law Reform Commission support criminalising stalking and harassment, including those from women's organizations.
The Commission's privacy sub-committee released a consultation document which recommend any conduct constituting harassment a criminal offence. The Consultation period ended at the end of July.
The sub-committee received more than 40 submissions and a few, including the Justice, Hong Kong Journalists' Association and the Hong Kong Human Rights Commission had reservations on criminalising stalking.
Godfrey Kan Ka-fai, secretary of the sub-committee said those opposing the recommendations considered the definition of stalking too broad or thought there should be more defences. Under the subcommittee's proposals, it would be a defence if the pursuit of the course of conduct was reasonable in the particular circumstances.
However, the Journalist Association believes this is inadequate because "reasonable" was a difficult word to define in the absence of any guidelines. There were people who wished to keep things private which should be made public. They requests that the proposals be modified to ensure that journalists doing a legitimate news gathering job are not at risk of arrest or imprisonment if the proposals are make law.
Chairperson of Justice, the local section of the International Commission of Jurists, Gladys Li also opposes the recommendation. She said that the need for anti-stalking legislation has not been demonstrated. No new criminal offences should be introduced unless there is a demonstrated need to criminalise a form of anti-social behaviour which is shown to be causing physical and mental harm to others and which cannot be dealt with in any other way under the present law.
Coalition of local concern groups Hong Kong Human Rights Groups opined that the Government should do something to help those being harassed and followed, especially the divorced women who show the seriousness of the problem. However, the proposed law may create negative side-effect which impose unnecessary restrains to journalists but cannot really pinpoint the problem women face.
They also stated that if the law-enforcers like the police maintain the attitudes of ignoring "family conflict", the problem of stalking still cannot be resolved between the separated couples. The coalition urged the privacy subcommittee to further study this problem and urged the Government to provide training to the police and judges so that they can consider the problem from the perspective of the victims.
August 1998
Leaking Health Report of Secretary of Justice Convicted(Go Top)
A hospital research assistant was convicted of leaking the Secretary for Justice's medical records to the press.
Queen Mary Hospital research assistant Stephen Tsun Shui-luen, 29, was sentenced to six months in prison after being found guilty of obtaining access to a computer on April 2 and 3.
Magistrate Kevin Browne said Tsun, who used a doctor's password to obtain the confidential file at Queen Mary Hospital, seriously undermined public confidence in the Hospital Authority and the confidence in the doctor-client relationship. He also told Tsun that even public figures had a right to privacy and Tsun's behaviour showed a callous disregard for the feelings of the patient involved.
The incident occurred after Miss Leung was admitted to the hospital for a CT scan on her abdomen and had surgery for colon cancer on April 2.
Tsun said he used his employer's password to access Miss Leung's records and faxed to two local newspapers because he had been angered by the Government's concealment of the true extent of Miss Leung's condition. Although he admitted leaking Miss Leung's record, he denied that he had been dishonest and solicited or received any payment.
Legislator James Tao said the sentence was too heavy. Leaking of patient's record is not common in Hong Kong and there is no need to use heavy punishment to deter the act. Moreover, there is no evidence that Tsun received payment from this act. He queried whether the sentence was related to the status of Miss Leung as government high-ranking official and the responsibility of the Government for announcing false information on Miss Leung's case which may mislead the public.
On the other hand, legislator Margaret Ng who represent the lawyers said that every person including the public figure has dignity and privacy, his/her medical record should not be disclosed except it would affect one ability to work.
August 1998