Bao Choy Yuk-ling

“Bao Choy Yuk-ling (“Bao Choy”) is an award -winning 37-year-old investigative journalist and documentary film producer in Hong Kong. In the fall of 2019, she worked with RTHK to produce a documentary for its show “Hong Kong Connection” on the attacks against pro- democracy activists and other commuters at the Yuen Long metro station on July 21, 2019.81”

报告直接记载Bao Choy的调查记者身份及元朗事件纪录片背景。

“The Defense argued that the Prosecution had failed to prove beyond reasonable doubt the three essential elements of the offense, namely that the Defendant’s statements were 1) “knowingly” made, 2) about a “material particular” and 3) “false.” The Defense first argued that the defendant did not “kno wingly” make a false statement as the terms used in the online form (e.g., “activities relating to traffic and transport matters”) are general and vague and so should be given the broadest interpretation . They also noted that no law or statute gives the Co mmissioner for Transport the authority to limit the purposes for which an information search through the public database is conducted.”

报告记载辩方争辩检方未证明知情、实质事项与虚假三个要件，并质疑表格用语和限制搜索用途的权限。这是已提出的抗辩，不代表获法院接受。

“On April 22, 2021, the Principal Magistrate hearing the case found Bao Choy guilty on both counts of “knowingly making a false statement.” The Court observed that the Defendant’s statements on the online form were “false” because she had no need of the information for litigation or another valid rationale; her purpose, the Court said, was rather “to obtain the name and address of the registered owner of the Vehicle in order to conduct interviews and reporting, which had no connection with ‘other traffic and transport related matters.’”95 The Court ordered Bao Choy to pay a fine of HK $3,000 for each count for a total of HK $6,000 (in USD, approximately $775).”

报告记载2021年4月22日Bao Choy两项罪名成立及合计港币6,000元罚款，不能视为无罪或撤案。

“On May 5, 2021, Bao Choy announced that she had submitted an appeal.96”

2021年5月5日是Bao Choy宣布已递交上诉的日期；报告未给出其后裁决。

“This case appears to be the first prosecution of this kind under the Road Traffic Ordinance and resulted in Bao Choy’s conviction and a fine. Her appeal is pending.”

报告截至发布时仍将Bao Choy的上诉列为未决；不是当前案件状态。

“TrialWatch monitored the one-day trial on March 24, 2021, and the delivery of the verdict on April 2 2, 2021. The proceedings took place in Cantonese at the West Kowloon Magistrates’ Court.”

TrialWatch记载已观察2021年3月24日庭审和4月22日宣判。原提取文本将22断为“2 2”，保留原文。

“First, the defendant was convicted of obscure charges simply for how she filled out an online form, routinely used by journalists and others without penalty; as such, the charges and prosecution give rise to concerns under the principle of legality. Second, given the context in which this case emerged and indeed, the decisi on to drop similar charges against a pro -government reporter after this case was decided, the prosecution raises concerns that it was an abuse of process, brought selectively and with improper motives to chill exercise of free expression, a protected right under international and Hong Kong law. These concerns can and should be resolved on appeal.”

专家认为上述疑虑可以且应在上诉中解决；这是作者建议，不是已发生的上诉结果。