[2008] 1 HKC A B C D E F G H I Shi Tao v Privacy Commissioner for Personal Data (Administrative Appeals Board) 289 Durant v Financial Services Authority [2004] FSR 28, [2004] 1 IP & T 814, [2003] All ER (D) 124 (Dec); [2003] EWCA Civ 1746 (CA) Singh (Sirdar Gurdyal) v Rajah of Faridkote [1894] AC 670, 10 TLR 62, 11 R 340 (PC) Legislation referred to Administrative Appeals Board Ordinance (Cap 442) ss 6, 11(1)(a), (b) Criminal Law of the People’s Republic of China arts 111, 277 Criminal Procedure Law of the People’s Republic of China art 45 Personal Data (Privacy) Ordinance (Cap 486) ss 2(1), (3), 33, 38(a), 39(1)(d), 48(2), 58(1), (2), 65(1), (2), Sch 1 [Editorial note: (i) See also the recent decision of Saunders J in Wu Kit Ping v Administrative Appeals Board [2007] 5 HKC 450 in which the Personal Data (Privacy) Ordinance (Cap 486) and the expression ‘personal data’ were in issue. (ii) For commentary on data protection principles see Annotated Ordinances of Hong Kong — Personal Data (Privacy) Ordinance (Cap 486) Pt V; for the right to privacy and the right to protection by law against interference, see Halsbury’s Laws of Hong Kong Vol 14, Human Rights [210.180]-[210.187]; for the jurisdiction of the Administrative Appeals Board, see Vol 8, Courts and Judicial System [125.349]-[125.354].] Administrative Appeal This was an administrative appeal lodged on behalf of the appellant, Shi Tao, against the finding of the respondent, the Privacy Commissioner for Personal Data, that Yahoo! Holdings (Hong Kong) Ltd was not in breach of the Personal Data (Privacy) Ordinance (Cap 486) in respect of the disclosure of email account information to Mainland authorities that allegedly led to the appellant’s arrest and conviction before a Mainland court. The facts appear in the following decision signed by the presiding chairman. Albert Ho (Ho Tse Wai & Partners) for the appellant. Denis Chang SC, Brenda Kwok, Margaret Chiu and KT Chan (Offıce of the Privacy Commissioner for Personal Data) for the respondent. Tim Mak and Cindy Au of Herbert Smith and Noelle Tai of Yahoo! Hong Kong Ltd for YHHK. Tim Mak and Cindy Au of Herbert Smith for Yahoo! Inc. Administrative Appeals Board: A. INTRODUCTION 1. The appellant was a journalist residing in the PRC. In October 2005, he was convicted by the Changsha Intermediate People’s Court (the Changsha Court) of the crime of illegally providing state secrets to foreign entities outside the PRC, in violation of art 111 of the Criminal Law of the PRC. He was sentenced to 10 years’ imprisonment. 2. The appellant’s conviction was widely reported by newspapers in Hong Kong. According to the news reports, Yahoo! Holdings (Hong Kong) Ltd (now known as Yahoo! Hong Kong Ltd) (YHHK) disclosed to the PRC prosecution authorities personal data of the appellant, leading to his arrest and conviction.