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HONG KONG: Privacy pledge by chief over pictures of pop star

Law Reform Commission proposals to be used as basis for exploring new steps against Easy Finder intrusion

South China Morning Post
Wednesday, August 30, 2006

By Norma Connolly

Chief Executive Donald Tsang Yam-kuen yesterday weighed into the debate over publication of controversial pictures of a pop star changing her costume.

He said the government would use Law Reform Commission proposals on privacy intrusion as the basis for exploring new measures to guard against press intrusion.

The proposals were criticised by a journalists’ group after they were released earlier this year.

Mr Tsang’s remarks came as the furore over half-naked pictures of Twins pop star Gillian Chung Yan-tung, taken by a hidden camera and published in Easy Finder magazine last week, continued. Easy Finder is owned by media mogul Jimmy Lai Chee-ying’s Next Media group.

Mr Tsang, speaking for the first time on the public outcry over publication of the pictures, said: “On the one hand, we have to preserve press freedom, and on the other we have to ensure that personal privacy is not infringed upon.”

But he said due to public concern over this latest incident, the government would use the Law Reform Commission’s “concrete proposals as a basis” for discussions of a “new consensus on the legislative front” to prevent a repeat of the controversy.

In a report announced in March, the commission proposed making it a crime to infringe privacy by trespassing or using spying devices on private property to obtain personal information. The Hong Kong Journalists Association said the proposals would stop journalists’ investigative work, although some lawmakers welcomed them.

By yesterday afternoon, the Television and Entertainment Licensing Authority (Tela) had received a record 2,621 complaints about the Easy Finder photographs.

Protest groups continued to take their complaints over the photographs to government officials and to the offices of Next Media. Members of the Democratic Party, including assault victim Albert Ho Chun-yan, burned an issue of the magazine outside Next Media, and demanded an apology and compensation for Chung, an artist under the Emperor Entertainment Group, owned by tycoon Albert Yeung Sau-shing.

In an open letter to Mr Lai, the Democratic Party said publication of the photographs had infringed the singer’s personal privacy and was despicable.

Artists including Jackie Chan and Tony Leung Ka-fai and other members of the entertainment industry presented a letter denouncing the photographs to Secretary for Commerce, Industry and Technology Joseph Wong Wing-ping.

“To guard against this kind of intrusion on privacy, the government should amend the law as soon as possible and raise the penalty against these publications,” said Leung.

Four hundred women, representing several women’s rights groups, converged on the Central Government Offices yesterday to present their protest letter to Mr Wong.

The images were classified as Class II indecent by the Obscene Articles Tribunal last week. The publishers have until Monday to respond before legal action can be taken. A Tela spokeswoman said the maximum penalty could be a HK$40,000 fine and a year’s jail.

Malaysian police who are investigating the photographs taken in a changing room at the Arena of Stars in the Genting Highlands resort said they may have drawn a blank. “The trail is cold because most of the backstage people were from Hong Kong and have left with the performers,” said a police spokesman.

Additional reporting by Baradan Kuppusamy.

Privacy rights must be upheld, says experts

By Ravina Shamdasani and Norma Connolly

The constitutionally protected right to privacy must be upheld, legal and human rights experts have said in the wake of the Twins scandal, but they disagree on how that should be done.

Mike McConville, director of Chinese University’s new law school and a member of the Law Reform Commission, said that while it was the publication of secretly taken photos of Twins star Gillian Chung Yan-tung that sparked the debate on privacy rights, it was regular people who suffered most from the lack of legal protection.

“Intrusion into people’s privacy by the media can be extremely hurtful and is not confined to famous people,” Professor McConville said. “Commonly victimised are those ordinary people who find themselves in unfortunate circumstances as victims of crimes or road accidents.”

He said such media intrusions could deeply affect them and they were less likely than celebrities to recover a more appealing public image. “Without a privacy law, people have no protection in these circumstances. It is a difficult balance to strike between the privacy of individuals and the freedom of the press.”

He expressed hope the controversy surrounding Chung’s photos in Easy Finder magazine would stimulate public debate on legal reform, such as that proposed by the commission since 1996.

But Woo Lai-wan, the recently elected chairwoman of the Hong Kong Journalists Association, said the media should be concerned about the chief executive’s call for a review of press freedoms amid such intense controversy. Talks were bound to be “a little bit irrational” at this stage.

“I’m very concerned that if we rush into a discussion on this now, it will become another case of the covert surveillance bill. There was not enough time to discuss that law, which affects so many people,” Ms Woo said. She said press intrusion should remain a civil matter and not be criminalised.

The News Executives’ Association yesterday said it would monitor the court ruling in the lawsuit Chung filed against the magazine, before discussing what legislative changes were needed.

Cyd Ho Sau-lan, chairwoman of Human Rights Monitor, was also against criminalisation, but said the Personal Data Privacy Ordinance should be strengthened to provide for civil remedies to help victims of serious invasions of privacy.

“It is every person’s right not to have their private life invaded, but public figures expose themselves a lot to cameras and sometimes they welcome such exposure more than they reject it,” she said.

A Home Affairs Bureau spokeswoman said the commission’s recommendations were “highly controversial and complicated” and it would engage the community in an in-depth discussion of the issues as well as studying overseas practices.

Meanwhile, members of the entertainment industry, including movie stars Jackie Chan and Tony Leung Ka-fai, and women’s rights activists yesterday rallied outside the Central Government Offices calling for the government to protect their privacy rights.

The suggestions

The Law Reform Commission recommended in:

December 2004

• A new law enabling victims of “peeping toms”, eavesdroppers and paparazzi who search through rubbish bins of celebrities to sue for “seriously offensive or objectionable” intrusion.
• A law enabling people to sue those who knowingly give “offensive publicity” to a matter concerning an individual’s private life.
• An independent statutory press commission be created with the power to name and shame print media that unjustifiably invade people’s privacy. Commission members should include media professionals, an academic, a retired judge and a victim of press intrusion. The commission would have the power to demand publication of corrections and seek court orders requiring publishers to take action on a complaint. The commission can grant legal assistance to victims of seriously offensive intrusions.

March 2006:

• Making it a crime to infringe on privacy by trespassing on private property, i.e. places used for “residential or sleeping purposes”, either temporary or permanent.
• Making it a crime to use snooping devices inside or outside private premises to get personal information where the individuals concerned had a reasonable expectation of privacy. But if curtains were open even in private premises, the subject would not be considered to have a “reasonable expectation of privacy”.
• Surveillance would also be legal if its purpose was to prevent or detect a serious offence.

Date Posted: 8/30/2006

http://www.asiamedia.ucla.edu/article.asp?parentid=51982

`Boycott magazine’ stars urge public

A day before the publication of Easy Finder’s next issue, celebrities, government members and women’s rights groups flocked to TVB City calling on the public to boycott the magazine for publishing indecent photos of Twins member Gillian Chung Yan-tung.”Please do not buy the magazine,” cried Chung Monday as she was surrounded by some of Hong Kong’s most popular stars.

Overwhelmed by the ordeal, a teary- eyed Chung sat on the steps of the stage on which stood a galaxy of high-profile actors including Jackie Chan Andy Lau Tak-wah and Sandra Ng Kwun-yu.

“What I am most worried about are my young fans who look up to me as a role model,” said Chung, nicknamed Ah Kiu.

The stars attending Monday’s TV special lined up behind a backdrop that said: “Privacy. Dignity. Hong Kong People’s Business.”

Veteran actor-singer Lau said that, while any movie star’s wrongdoings were fair game, the changing room was not.

“If Ah Kiu was taking drugs in a room and you took pictures of that, OK, report that. I’ll help you crack down on her. But that’s not the case,” he said. “Our future is at stake.”

Chan’s colleagues echoed the same sentiments, emphasizing the need for legislation to protect children from such influences.

According to actor Daniel Wu Yan- zu, Western countries have created many laws to protect artists from the extreme actions of the paparazzi.

“Hong Kong should do the same,” he said.

Uncertain about how many photos the magazine had of her changing clothes, Chung said that if Easy Finder was not stopped it might publish more.

Chung’s management company, Emperor Entertainment Group, has so far sent two lawyer’s letters to the publisher which has made one public statement denying the use of a hidden camera.

The Women’s Rights Association has collected 20,000 signatures in favor of stricter punishment and an amendment to the legislation.

“I don’t know why those magazines are allowed to continue,” WRA spokesperson Yolanda Ng Yuen-ping said. Ng said the government should control sensationalist tabloids and prevent the abuse of press freedom.

“Chung’s ordeal has challenged the outdated legislation and calls for an amendment,” Society for Truth and Light program director Chan Yin-ping said.

Easy Finder and parent company Next Media have repeatedly declined interviews with Chan and her group.

“It is not worth destroying a person’s life to make a profit,” Chan said.

Easy Finder has printed an estimated 15,000 additional copies since the controversy broke out last week.

“Those who are buying the magazine should rethink their moral standards,” Chan added.

Solicitor and Legislative Council member Andrew Cheng Kar-foo advised Chung to sue Easy Finder and not shy away from taking legal action.

Asked whether or not the case fell within Hong Kong jurisdiction - as the offending photos were apparently taken in Malaysia - Cheng said if Chung could show they were taken by a Hong Kong reporter or photographer, she would have a good chance of winning the case.

Chung’s supporters urged staff of other tabloid magazines to “stand up to their bosses and just say no” to such assignments.

Women’s rights groups and the Society for Truth and Light also suggested that all profits made by Easy Finder be either confiscated by the government or donated to charity.

While Easy Finder remained in high demand Monday, lawmaker Chan Kam-lam said 90 percent of those surveyed by the Democratic Alliance for the Betterment and Progress of Hong Kong agreed magazines like Easy Finder had a negative influence on society.

The Emperor Entertainment Group, meanwhile, lodged a complaint with the Hong Kong Press Council, demanding an investigation. Council chairman Edward Chen Kwan-yiu said that, although the council did not have any statutory power to penalize violators, it would write to the magazine to request an explanation. The council would also meet later this week to decide if it should condemn the publication.

Previously, Secretary for Home Affairs Patrick Ho Chi-ping said the way the photos had been taken was “irritating” and would not be tolerated by the community.

Saying he was upset by the incident, Ho added the authorities were monitoring the development of the case closely.

Complaints continue to flood the Television and Entertainment Licensing Authority, reaching a high of 2,488 by Monday evening.

This is the highest number of complaints received by TELA since 2002, and they continue to pour in.

Women’s rights groups, as well as district councils, say they will continue to boycott the magazine and monitor Easy Finder’s actions until legislation is amended.

The Hong Kong police will also continue to liaise with Malaysian authorities on their investigation into the case.

According to a recent TVB report, some reporters for tabloids are paid monthly salaries of up to HK$30,000 and receive extra bonuses for “special coverage.”

http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=26108&sid=9630317&con_type=3

Hong Kong magazine faces fine in indecent pictures row

Deutsche Presse Agentur
Published: Saturday August 26, 2006

Hong Kong- A magazine which published pictures of a female pop singer changing clothes backstage during a concert in Malaysia faces a fine of 400,000 Hong Kong dollars (51,280 US dollars) after a media watchdog ruled the pictures indecent, it was reported Saturday. The publisher of Easyfinder Magazine could also be jailed for up to a year for allowing the lewd pictures of Gillian Chung, one half of the Cantopop duo Twins, to be published, the Standard reported.

The government’s Obscene Articles Tribunal will send a letter to the magazine by next Thursday asking for its comments. If Easyfinder fails to respond the tribunal will issue a final notice and penalty.

The move against the magazine came after the television and entertainment licensing authority received more than 1,700 complaints about the pictures, a record for the media industry.

Women and civil rights groups have protested outside the magazine’s offices, while also calling for a boycott of the magazine and changes to privacy laws.

Malaysian police are also reported to be investigating how the semi-nude pictures were taken in the changing room during a concert in mid-August at a resort in the Genting Highlands. Violators of Malaysia’s privacy laws can be jailed for up to five years.

Management at Easyfinder Magazine has not responded to the controversy or apologised to Chung. Sales of the magazine surged by about 33 per cent and a second print run was made after the initial run had sold out.

© 2006 DPA - Deutsche Presse-Agenteur
http://rawstory.com/news/2006/Hong_Kong_magazine_faces_fine_in_in_08262006.html

See Gillian Chung on eBay! 

Hong Kong pop star seeks police help for magazine voyeuristic photo

HONG KONG — Hong Kong pop singer Gillian Chung reported to police Saturday, seeking an investigation into a magazine cover that published revealing photos of her changing backstage, police said.

A series of photos published on the cover of Easy Finder magazine showed Chung, of the Hong Kong pop duo Twins, adjusting her bra while changing backstage at a concert.

The voyeuristic pictures have drawn protests from the government, journalists and women’s groups, who condemned the magazine for privacy violation and disrespect towards women. Regulators have received over a thousand complaints.

Chung requested a police investigation Saturday and a police crime squad has taken on the case, a police spokeswoman said.

“I’m more wary now wherever I go,” Hong Kong Cable TV showed Chung, wearing shades, as saying before she reported to police headquarters. (AP)

August 26, 2006

http://mdn.mainichi-msn.co.jp/entertainment/news/20060826p2a00m0et042000c.html