Tighten Searches｜Media Complaints about Transport Department’s Replies on License Plate Search Misleading The Ombudsman’s Ruling Partly True

The Transport Department tightened the license plate search system in October 2019, requiring searchers to declare the purpose of the search, but it has not yet clarified how the media should select the information in the search.

Stand News and Public News filed complaints with the Office of the Ombudsman on the issue of license plate searches the year before and last year respectively.

The Office of The Ombudsman recently issued an investigation report and ruled that Stand News's complaint was not substantiated. However, the Transport Department's handling was flawed. When responding to media enquiries, the answer was unequivocal.

The Commissioner's Office also ruled that some of the complaints of "Zhongxin" were substantiated, and that the Transport Department did not give a clear answer to the reporter after 51 days of research, "the practice is not ideal."

Tighten Searches・Special Page｜Reporters Arrested for Checking License Plates, Authorities Tighten Multiple Search Restrictions

▼ Steps to check license plate online▼

In October 2019, the Transport Department changed the "Application for a Certificate of Vehicle Registration Particulars" to require the searcher to declare the purpose of the search before conducting the search, but only provide "carrying out legal proceedings", "selling and selling vehicles" and "other related traffic". and Shipping Matters" three options, and delete the "Other" option that was previously available.

When a reporter from "Standby News" applied for a vehicle search at the end of 2020, the staff only emphasized the need to select one of the use options on the application form, and did not explain the scope of the options, and did not accept the reporter's additional option of "news", refusing to provide Search information.

▼On December 29, 2021, the National Security Department searched the "Stand News" office▼

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"Standard News" believes that the Road Traffic Regulations do not authorize the Commissioner for Transport to refuse to issue a vehicle certificate to the applicant for any reason. He was also dissatisfied with the fact that the Transport Department did not clearly explain the correct method for the media to apply for a certificate.

In addition, Cai Yuling, the former director of RTHK, was involved in the case of false statements during the search. After the ruling in April last year, a reporter from "Stand News" asked the Transport Department about the media search. Applications for vehicle owner information will be followed up in accordance with the Code of Access to Information.

However, after the "Stance" applied to the Transport Department for the information of six vehicles according to the "Code of Practice", the Transport Department stated that the information requested by the reporter was contained in the vehicle register and could be obtained in accordance with the "Road Traffic (Registration and Licensing of Vehicles) Regulations" ", the Department shall also process the application in accordance with the "Regulations".

The reporter of "Hong Kong 01" once applied in writing to check the license plate, indicating the purpose of "news activities", and finally the vehicle information was approved.

(File photo / Photo by Li Yinglin)

Complaints against the "Position" alleging that the TD's handling was lacking

The Ombudsman's Office released an investigation report on the complaint last month, pointing out that the Transport Department's handling was flawed.

The PCPD pointed out that the current interpretation of the Road Traffic (Registration and Licensing of Vehicles) Regulations by the Transport Department is different from the public position adopted in the past, but it has not stated to the public when tightening the search arrangements. The reasons, details, and approval criteria did not meet the requirements of good administration.

The PCPD also believes that if a search application is purely for news purposes but has nothing to do with traffic and transportation, whether it is made through the form, the Code on Access to Information or other channels, the Transport Department will not approve it.

However, the Transport Department did not directly point out the relevant facts, but only repeatedly responded that the complainant had to fill in the form, so that the reporter was rejected after he applied for information according to the "Code of Access to Information" in vain.

However, the PCPD considered that it was not inappropriate from an administrative point of view for the TD to require the applicant to declare that the purpose of the search was limited to matters related to traffic and transport matters, and therefore ruled that the complaint was not substantiated.

▼On January 3rd, "Zhongxin" chief editor Yang Jianxing and editor-in-chief Li Yuehua met with reporters▼

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It was ruled that the partial establishment of the complaint of "Zhongxin" did not meet the good administrative requirements

After the ruling on Cai Yuling's case, "Zhongxin" also responded to the Transport Department and inquired about the information of a bus involved in a traffic accident in accordance with the "Code of Access to Information".

However, if the application is answered after nearly two months, the general search procedure should be followed to submit the application.

Regarding the complaint of "Zhongxin", the Office of the Ombudsman pointed out that although the Transport Department has responded as required, it is noncommittal to "Zhongxin"'s request for information, or has not provided useful information.

The Commissioner's Office believes that the Transport Department should have clearly and clearly replied to the reporter after seeking legal advice and after 51 days of research, criticizing the Department's "practice not ideal" and failing to meet the requirements of good administration.

However, the Commissioner claimed that the TD's reply may have given false expectations to reporters, but it believed that the reply did not mean that information on vehicles or vehicle owners could be obtained in accordance with the Code on Access to Information.

On January 3, 2022, Public News announced that it would cease operations.

(File photo / Photo by Zheng Zifeng)

The Commissioner pointed out that the Transport Department considered irrelevant factors when approving applications not related to personal data, which greatly increased the risk of judicial review.

The PCPD also stressed that the Transport Department has the responsibility and ability to judge whether the applicant's purpose is within its legal authority, and it also has the responsibility to help the public avoid falling into the legal net due to insufficient information. It is recommended that the Department provide more and clearer information. Application Notes and Substantial Examples.

The Transport Department agrees and will follow the advice of the Office of The Ombudsman, and will provide more information and guidelines to the extent practicable.

However, with regard to the proposal to list substantive examples, the Transport Department stated that each application case involves different content, nature and circumstances. It believes that citing individual cases as examples may mislead the public by generalization.

▼Judgment in the Cai Yuling case on April 23, 2021▼

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After the anti-amendment campaign began in 2019, the government kept claiming that some people were conducting "bottom-up" searches, which violated privacy. Several departments subsequently tightened the search arrangements.

Cai Yuling, the former director of Radio Television Hong Kong's "Clanging Episodes", was accused of producing a special report on the "721 attack". She made false declarations when conducting license plate searches twice, and was charged with violating the Road Traffic Regulations.

Cai Yuling was convicted by the court in April last year of two counts of "knowingly making a false statement in a material particular" and fined a total of $6,000.

Cai Yuling is appealing the case.

The Chief Magistrate of the West Kowloon Magistrates' Courts, Tsui Yee-wai, who handled Cai Yuling's case, said in her judgment, "If the applicant believes that the options provided by the TD's online application process are limited, or there are no options that meet their real needs, the applicant should consider other options. Relevant information can be obtained through other channels, such as submitting a written application to the Transport Department.”

A 48-year-old male reporter from Ta Kung Pao was also charged with making a false statement during a license plate search last year. However, the court finally approved the charge to be dropped. The male reporter paid S$2,000 for a year of conservative behavior and a court fee of S$1,000. .

Cai Yuling Case｜Tai Kung Pao reporter was found guilty of making false statements for an interview on license plate inspection, and Cai decided to file an appeal Ta Kung Pao reporter affirmed that the license plate inspection and false declarations were compliant The prosecution emphasized the same standard as Cai Yuling’s case. Expose senior officials' conflicts of interest, Transport Department tightens search, restricts media unions, criticizes press freedom, and worries about disclosure of journalists' information