The Transport Department has said a statement by the Hong Kong Journalists Association on refined arrangements for issuing certificates to access the government’s vehicle registry is based on an erroneous interpretation of the Court of Final Appeal judgment “which led to false accusations” against the department.

The department issued a statement on Thursday night after the group accused the new vehicle registration checking scheme of contradicting a CFA ruling issued in this regard. 

In its June 2023 judgment, the CFA clearly pointed out that personal data contained in the register of vehicles involved the right to privacy and was entitled to protection and that the Commissioner for Transport has the duty to properly manage and minimize the risk of potential abuse of the data kept in the register, said the department. 

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“The commissioner may limit the purposes for which vehicle particulars may be required to be supplied, and is entitled to ask an applicant to provide his own identification details, and the purpose and reason for application for making a decision on whether to issue the certificate or not."

The refined arrangements for issuing the certificate have struck a reasonable balance among all applicable basic rights.

Transport Department, HKSAR

The CFA indicated that the phrase "other traffic and transport related matters" included in the original application form was not clear and unambiguous and noted that providing personal data of the vehicle owners under the application mechanism at that time would impose a risk of being abused, the Transport Department pointed out.

“In light of the judgment, the Transport Department should improve the relevant application process and strengthen the regulatory framework, in order to ensure that the purpose of application for the certificate conforms with the purposes of establishing the register,” reads the statement.

The enhanced application process, which aims to state clearly the purposes of establishing the register and specify the conditions for issuing the certificate, strengthens the regulatory framework to ensure that the purpose of the application aligns with the intended purpose of setting up the registry, it said.

“The refined arrangements for issuing the certificate have struck a reasonable balance among all applicable basic rights,” the Transport Department said, adding that those are in line with the spirit of the CFA judgment.

The refined arrangements stipulate seven specified purposes for which a certificate could be issued, establishing an avenue for making applications under "exceptional circumstances", it said.

“If any person, including journalists, considers that his application does not meet the specified conditions but there is a need to ascertain the registered particulars of a vehicle due to other circumstances that involve the ownership or uses of the vehicle and significant public interest, and wishes the commissioner to give special consideration for issuance of a certificate, he may make an application under exceptional circumstances through a written submission to the commissioner.”

Pointing out that it is the responsibility of applicants to provide sufficient information to facilitate the commissioner to make a decision on whether to approve an application or not, the statement said, “All applications would be handled in accordance with the law in a fair and just manner.”