HONG KONG GOVERNMENT AND MEDIA FRENZY OVER COVERT

C O N F I D E N T I A L SECTION 01 OF 02 HONG KONG 003750

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DEPT FOR EAP AND EAP/CM
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E.O. 12958: DECL: 09/19/2031
TAGS: PGOV PHUM PINR PREL HK CH
SUBJECT: HONG KONG GOVERNMENT AND MEDIA FRENZY OVER COVERT
PHOTOS

REF: HONG KONG 03109

Classified By: A/DPO LAURENT CHARBONNET. REASONS: 1.4(B, D)


1. (C) Summary and Comment: The late-August publication of
sneak paparazzi-style photos of partially clad "canto-pop"
singer Gillian Chung has sparked a public debate in Hong Kong
over the proper balance between right to privacy and freedom
of the press. Women's rights activists and some politicians
are vociferously calling for the government to restrict media
"at odds with the public interest," while the media are
concerned that the incident might provoke an over-reaction by
media regulators and the legislature. Government officials,
including the Chief Executive and the Legislative Council
(Legco),have called for fresh discussions on the
controversial legal nexus between privacy, press freedom and
covert surveillance. Comment: Following intense criticism of
its handling of the covert surveillance legislation passed by
Legco in early August, the Government now faces another
dilemna: endure renewed public scrutiny on the details of the
government,s position, or be criticized for backing away
from public interest over the privacy debate. End summary
and comment.

Chung Photos Take Center Stage
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2. (SBU) Peephole-style photos of popular Hong Kong singer
Gillian Chung, taken backstage at a concert in Malaysia and
published August 23 in the Hong Kong weekly "Easy Finder,"
have sparked debate among local media and women,s rights
activists, whose calls for government action are gaining
traction. The photos of Chung adjusting her bra and naked
from the shoulders up were apparently taken through a
peephole and published on the cover of "Easy Finder," a
publication of Next Group which is known for its aggressive
and sometimes salacious journalism. Statements by Jimmy Lai,
owner of Next Group as well as the independent "Apple Daily,"
Hong Kong's most popular Chinese-language newspaper, could be
pivotal in public debate. Serenade Woo Lai-Wan, the
chairperson of the Hong Kong Journalists Association, told us
that Lai "could affect the whole media by pushing the
government to act." According to press reports on August 30,
Woo also cautioned that rushing into the debate would be
counterproductive, especially in the midst of the lingering
"intense controversy." Jimmy Lai has not yet commented on
publication of the photos; however, on August 29, "Apple
Daily" published criticism of "Easy Finder" only to later
publish three opinion articles that defend "Easy Finder's"
refusal to apologize.


3. (SBU) The two points of contention are, first, that the
risque photographs were taken without Chung,s knowledge or
consent, and second, that they were then published. Since
the photographs were taken in Malaysia, the first issue is
beyond the jurisdiction of Hong Kong authorities or courts.
On the second point, however, Chung filed a writ with Hong
Kong,s High Court (Obscene Articles Tribunal) on August 28,
seeking an injunction against further publication and an
order for "Easy Finder" to surrender all existing copies of
the photos. Although most journalists roundly blasted "Easy
Finder,s" unethical conduct, some have started to back away
from calls for government intervention. On August 31, a
"South China Morning Post" editorial cautioned that
"legislating would involve striking a balance between two
fundamental rights ) privacy and press freedom...which poses
bigger problems than the recent passing of covert
surveillance laws."

The Government Drawn to React
--------------


4. (C) In the days since the flap, government officials,
including the Chief Executive and legislators, have called
for fresh discussions on the legal nexus between privacy,
press freedom and covert surveillance, whether official or
commercial. Chief Executive Donald Tsang, after initially
distancing himself from the issue, told reporters that "I
agree with the criticism of the photo...there is a need to
strike a balance between press freedom and privacy," but the
CE has not yet voiced a firm commitment to propose
legislation. Recent passage of the Interception of
Communications and Surveillance Ordinance (see ref) and
public criticism of the government,s management of Radio
Television Hong Kong underscore the government,s ongoing
involvement in press freedom, privacy, and related issues.
Andy Ho, the Information Coordinator for the Chief Executive,

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in concert with Sai Leung Lau, a member of the Central Policy
Unit, told us recently that the CE's office is more
interested in getting concrete proposals for laws addressing
the issue than in fostering political grandstanding by anyone
using privacy or press freedom as rallying cries. Both Ho
and Lau also emphasized the Law Reform Commission's mandate
to hammer out the details on this issue.


5. (SBU) Joseph Wong, Secretary for Commerce, Industry, and
Technology, told representatives of the Hong Kong Performing
Artistes Guild on September 1 that a review of penalties
under the Control of Indecent and Obscene Articles Ordinance
was underway, and that new proposals would be submitted to
the Legislative Council within a few months. Legislators on
the Panel for Information Technology and Broadcasting,
reacting to calls from the HK Performing Artistes Guild, the
Women,s Rights Association and the Society for Truth and
Light, raised the matter in a special meeting on September
11, following the Legco summer recess, to consider imposition
of penalties on "Easy Finder." Local media quickly cited the
"unusual lines" that divided legislators on the complex issue
of press freedom and privacy. On September 6 several
Democratic Party legislators called on the government to plug
"loopholes" in current laws and to impose fines and penalties
more commensurate with the profits earned by publishers of
"indecent" material. Finally, on September 11, the Permanent
Secretary for Home Affairs, Carrie Lam Cheng Yuet-ngor,

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resisted rush calls for legislation amid the controversy.
Cunningham