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DECISION
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1.
I have before me an application on very short notice by the
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Hong Kong Journalists Association for a mandatory injunction against
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the Director of Information Services (“Director”) and the Secretary for
Home Affairs (“Secretary”) to require them to allow all full members of
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the Applicant access to the media centre and facilities and all press events
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relating to the Chief Executive Election to be held on this Sunday,
26 March 2017, at the Hong Kong Convention and Exhibition Centre.
2.
Accompanying this is the Applicant’s application for leave
to apply for judicial review of (i) the decision of the intended respondents
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on 21 March 2017 not to allow online media entry to the media centre
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and not to adopt the Applicant’s full membership system for identifying
eligible journalists to be allowed access; and (ii) the decision of the
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intended respondents contained in a written reply to the Legislative
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Council dated 11 January 2017 not to allow Internet media to subscribe to
the Government News and Media Information System (“GNMIS”).
3.
It should be noted at the outset that the decisions in question
relate to “online only media”, ie media that solely disseminate
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information via the Internet, for journalists from online media attached to
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traditional media (newspapers, radio and television stations) are granted
full access. For convenience I shall refer to such “online only media”
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simply as online media or Internet media.
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