On Monday, the Hong Kong Transport Department refined the application process for issuing Certificate of Particulars of Vehicle to journalists. According to the official announcement, journalists now must apply under “exceptional circumstances”, presenting a written justification to the Commissioner for Transport when the acquisition of certificates involves significant public interest.
The new process became controversial on the first day of implementation, with the local media Now News reporting their failed attempt to apply. They noted that the Commissioner for Transport had not responded a day after their application. The report also detailed the stringent rules around the application process, which involves a declaration that applicant journalists will cooperate with the Transport Department and other law enforcement agencies to verify the information’s veracity. The written submission requirement further mandates applicants to list the purpose for seeking the certificate, how journalists intend to use the information and measures taken to prevent misuse or abuse.
Critical opinions were voiced on this policy change. Speaking about the potential effects, Legislator Doreen Kong argued that news is “perishable” and the newly established process could affect an article’s timeliness. Johannes Chan, a law professor from HKU Faculty of Law, observed the absence of an appeal mechanism and cautioned that the requirement for “exceptional circumstances” could be unconstitutional as it doesn’t see public interest as a reasonable ground for the application. He opined that the new process contravenes the intent of the Road Traffic Ordinance, which used to provide an exemption for journalists to access the Vehicle Registry.
Interestingly, this restriction came after a case where the Department of Justice had brought a prosecution against a journalist for purportedly making a false statement. The journalist in question had applied for a certificate under the pretext of “traffic and transport-related matters”, while she was involved in a journalistic investigation. Thankfully, the Court of Final Appeal overturned her conviction in June 2023, reinforcing the importance of press freedom and advocating a more liberal approach.