The Hong Kong Transport Department refined the application process for issuing Certificate of Particulars of Vehicle to journalists on Monday. The new process requires journalists to apply under “exceptional circumstances” through a written submission to the Commissioner for Transport when the obtainment of certificates involves significant public interest.
Local media Now News reported their failed attempt on Tuesday. The organization claimed that they tried to apply on the first day of the implementation of the refined arrangement. However, the Commissioner for Transport had not replied to their request one day after the application. The report also revealed that the application process requires a declaration that applicant journalists will cooperate with the Transport Department and other law enforcement agencies to verify the truthfulness of the information provided therein. The required written submission must also list the purpose for obtaining the certificate, how the journalists are going to use the information and any mechanisms to prevent the misuse or abuse of the information.
Legislator Doreen Kong contended that news is “perishable” and that the application process may affect articles’ timeliness. Johannes Chan, a professor from HKU Faculty of Law, also suggested that requiring journalists to apply under “exceptional circumstances” and the lack of an appeal mechanism may subject the refined arrangement to judicial review as it does not deem public interest a reasonable ground of application for issuance. Chan argued that this violates the intention of the Road Traffic Ordinance, which is to give exemption to journalists and accept public interest as a ground to access the Vehicle Registry.
Previously, the Department of Justice sought to prosecute a journalist for knowingly making a false statement because the journalist applied for a Certificate allegedly “for traffic and transport-related matters” while she was actually conducting a journalistic investigation. The Court of Final Appeal quashed her conviction in June 2023, ruling that freedom of the press is an important value to uphold and a more liberal approach should be adopted.