Editor-in-Chief: The Hon Mr Justice Bokhary
General Editor: Professor Simon Young
Sweet & Maxwell
Preface by the General Editor
The Court affirmed the principle of open justice in HKSAR
v Chan Hon Wing (2021) 24 HKCFAR 448, holding the principle had been
breached when jurors were provided with headsets to listen to a simultaneous
English to Chinese interpretation of the summing-up that was not recorded,
precluding verification of what the jurors had heard. The judgment contains the
quotable sentence: “Open justice requires that justice be seen to be done, not
assumed to have been done” (at ).
As to legislative reforms in the past year, two statutes are worth noting, both introducing enhanced protections to personal privacy. The Crimes (Amendment) Ordinance 2021 introduced new offences of voyeurism, unlawful recording or observation of intimate parts, publication of images originating from these offences, and publication or threatened publication of intimate images without consent. The Personal Data (Privacy) (Amendment) Ordinance 2021 amended and introduced offences for disclosing personal data without consent and conferred powers on the Privacy Commissioner for Personal Data to investigate and enforce offences including the power to prosecute. Finally, Practice Directions 36 and 37, taking effect respectively on 6 June and 5 September, 2022, will hopefully remove some of the delay we have seen in the handing down of judgments.
I am most grateful for the co-operation and contributions of the contributing editors and Sentencing Editor. I wish to thank particularly those who are stepping down this year and welcome on board the new editors who will be joining us soon. I thank the Editor-in-Chief for his constant support. Finally, I express my appreciation for the efficient and helpful assistance provided by the team at Thomson Reuters.