19/09/2019 HCMP2801/2015 THE UNIVERSITY OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER Loss of confidentiality 66. The second discrete point made by the intended interveners is that because of the press conference given by Mr Billy Fung on 29 September 2015, there was no further confidentiality left in the information sought to be protected. I reject this submission. On the evidence, the disclosure made by Mr Fung was incomplete and imprecise. language used with possible There are clear differences in the differences in meaning compared to the transcript of the audio recording leaked on 28 and 30 October. 67. I should mention that it has come to my attention after the hearing on 24 November that further audio recordings apparently of what was said at the 29 September Mr Peter Wong meeting 2015 Meeting (featuring and Mr Martin Liao) held on 25 August 2015 speeches by Prof CM as well as the preceding had become accessible Lo, Council at the Taiwan website referred to above. Balancing exercise 68. As stated above, there is a right of free speech in the law of Hong Kong which is constitutionally guaranteed. rightly, valued in our society. This freedom has been greatly, and While the right is enjoyed by all, it has been said that “the ones with the greatest need for this constitutionally vital freedom are the organs of the media”: ETK v News Group Newspaper Ltd [2011] EWCA Civ 439, $13, per Ward LJ. are the public watchdog. the press freedom The press, including the media, It is of fundamental importance not only to afford of expression but also to maintain the free flow of information to the press. 69. This freedom is, however, not absolute. Article 16(3) of the Hong Kong Bill of Rights itself makes it clear that there are special duties and responsibilities attached and that there may be restrictions that are necessary “for respect of the rights of others”. rights to confidentiality. Convention on Human The rights of others plainly include the Indeed, the equivalent provision in the European Rights, article 10(2), expressly provides that the exercise of freedom of expression may be subject to restrictions necessary “for preventing the disclosure of information received in confidence”. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 23/33