including the freedom to seek and impart knowledge, guaranteed
under article 16(2) of the Hong Kong Bill of Rights. Likewise, it
enables the public to enjoy their right to seek and be imparted with
knowledge guaranteed under the same article.
22.
Fourth,
all this means
that any restriction on open
administration of justice necessarily represents a compromise of
these important interests, rights and freedoms, and must be
justified by considering and balancins all pertinent interests,
rishts and freedoms, including in particular those mentioned
above.
23. Fifth, the case law has firmly established that the following
considerations or matters do not by themselves justify any
restriction on open administration ofjustice:
(1) Publicity of litigation leading to embarrassment and
inconvenience: Re Wong Tung Kin [1989] 1 HKLR 93; Ex
parte New Cross Building Society, at p.235F.
(2) Publicity leading to economic damage, even very severe
economic damage: R v Dover Justices, Ex parte Dover
District Council and Wells (1992) 156 JP 433.
(3) Professional embarrassment and possible damage to
profession reputation: Ex parte Kaim Todner, at pp.975H976C.
16
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