30. All this must be understood in terms of the balancing exercise
described above given that different and sometimes competing
interests, rights andfreedoms are or may be at stake. This is all the
more so when quite often, one is concerned with a risk that justice
cannot be done (if it is to be administered openly) rather than a
,
certainty that this will be so. In that type of situation the court,s
,
task is to balance that risk (and other relevant interests etc) against
other competing considerations and come up with an answer that
best serves the situation at hand.
31. Seventh, apart from the interests of justice, there are other
similarly important considerations that may justify restrictions on
open justice. Thus article 10 of the Hong Kong Bill ofRights also
mentions
"
reasons of morals, public order (ordre public) or
national security in a democratic society, or when the interest of
the private lives of all parties so requires “ as exceptions to the
requirement of a public hearing. See, for instance, In re Guardian
News and Media Ltd [2010] 2 AC 697 (right to respect for private
andfamily life).
32. Eighth, where justice can be administered openly in the case
itself, but to do so would or might jeopardise some right or interest
of one or both of the parties outside of the case, whether open
justice should be restricted and if so, the manner and extent of
restriction, must be considered by conducting the balancing
exercise already described.
One common example is cases
concerning refugees or torture claimants where it is said that the
life, limb or liberty of the refugee or torture claimant or their family
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