(b) sive directions pro hibiting or restricting the publication
or disclosure to some or all of the parties to the appeal, or to
some or all of the persons who may be present, of evidence.
given before the Board or. of any matter contained in any
document lodged with the Board or received in evidence by
the Board, whether or not it has given directions under section
14 in respect of any such evidence, matter or document.
(3) In the makins of an order under subsection (2), the Board.
without affecting the generality of that subsection, shall in
determinins whether or not it is desirable to make an order, take
into account any views of the parties to the appeal, including the
private interests of and any claim as to privilege by any of those
parties.
(4) For the purposes of this section, any question in relation to a
“
claim by any party as to privilege shall be a question of law.
(emphasis added)
20.
In A v Privacy Commissioner for Personal Data (Administrative
Appeal No. 18/2016, Decision dated 21 February 2017), the Board, in
determining an application for private hearing and anonymity order,
considered and applied previous authorities which addressed the issue (see
paragraphs 33-41 on pages 9-17 of the Decision).
21.
One of the authorities considered was Asia Television Ltd v
Communications Authority [2013] 2 HKLRD 354, in which the Court of
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