[2008] 1 HKC A Shi Tao v Privacy Commissioner for Personal Data (Administrative Appeals Board) 291 (3) giving a brief summary of the findings in the Report. B. CORPORATE STRUCTURE OF YHHK1 B C D E F G H 11. YHHK is and was at all material times a Hong Kong company incorporated under the laws of Hong Kong and a wholly-owned subsidiary of Yahoo! Inc, a US company based in California. 12. YHHK confirmed that the information referred to in the Verdict was disclosed to the PRC State Security Bureau (SSB) on 22 April 2004. However, YHHK contended that it played no role in the incident. 13. The email account in question, huoyan_1989@yahoo.com.cn, was registered with the Yahoo! China website (yahoo.com.cn). At the material time, the Yahoo! China and Yahoo! Hong Kong (yahoo.com.hk) websites were both owned by YHHK. However, materials provided by YHHK indicated that these two websites were managed and operated independently of each other. A management team in Hong Kong ran the Yahoo! Hong Kong website, while a separate management team in Beijing was responsible for the Yahoo! China website. 14. For the purpose of having an Internet Contents Provider (ICP) licence for the operation of the Yahoo! website in the PRC, YHHK entered into an Operation Agreement with a PRC entity called Peking University Founder Group (PUFG) on 19 February 2003. On the same date, Beijing Yahoo! Consulting and Service Co Ltd (Beijing Yahoo!), a wholly owned PRC corporate entity of YHHK, entered into a Technical Services Agreement with PUFG, pursuant to which Beijing Yahoo! was to provide PUFG with technical services to facilitate the operation of the yahoo.com.cn website. 15. Hence, prior to 24 October 2005 the Yahoo! China website was wholly owned by YHHK but operated through PUFG and Beijing Yahoo!2 16. Moreover, YHHK explained that in relation to the disclosure of Yahoo! China’s email user data to the SSB, it was handled by the legal teams of that website, reporting directly to Yahoo! Inc. In other words, YHHK’s legal team was not involved in such disclosure at all. C. THE RELEVANT PROVISIONS 17. The relevant provisions of the Ordinance for the purpose of the present appeal are as follows. I 1. YHHK attended the hearing as a person bound by the Commissioner’s decision pursuant to s 11(1)(a) of the Administrative Appeals Board Ordinance (Cap 442). 2. Since 24 October 2005, Alibaba.com Corporation (Alibaba) became the owner and operator of the yahoo.com.cn website. ‘YHHK and Yahoo! Inc are shareholders who together hold about 40% of the issued shares of Alibaba.