19/09/2019 HCMP2801/2015 THE UNIVERSITY 44. OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER While Mr Lee SC referred to paragraph 5.7 of the Code concerning the “seven principles of public life”, including the principle of “openness”, he did not do so — as I understand his submissions — in an attempt to suggest that the information was not confidential under the Code. In any event, notwithstanding any other statement of general principle, I think the specific provisions of the Code referred to above are such as to leave little doubt, on any fair reading of the Code as a whole, that the Council requires its papers and proceedings to be treated as confidential. 45. The evidence also shows that since June 2015, the then Chairman of the Council (Dr C H Leong) had repeatedly emphasised at various Council meetings the importance of members abiding by the duty of confidentiality and demanded that members should not disclose to any third party the subject matter or content of the discussions, voting results or papers of the Council. demand The evidence shows that no member objected to the Chairman’s or otherwise expressed disagreement with the requirement of confidentiality. 46. Pursuant to paragraph 5.7 of the Code (introduced by resolution in August 2015), each member of the Council was asked to provide a written undertaking to observe confidentiality. As at 30 October 2015, the University had received the undertaking from all but four Council members. Three of those four had said they would be providing the undertaking which, I was told, has since been done. One member has to date not provided the undertaking or stated that he would be providing it, though of course this does not mean that that member is for that reason exempt from the duty of confidence. 47. According to the registrar, prior to discussions on the Appointment Issue on the 29 September discussions were 2015 confidential Meeting, the Chairman reiterated and appealed to members that the to abide by the principles of confidentiality. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 15/33