Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 2E

Restrictions on reporting of proceedings heard otherwise than in open court

(1) This section applies to proceedings under this Ordinance in the Court or
Court of Appeal heard otherwise than in open court.

(2) A court in which proceedings to which this section applies are being heard
shall, on the application of any party to the proceedings, give directions as
to what information, if any, relating to the proceedings may be published.

(3) A court shall not give a direction under subsection (2) permitting
information to be published unless-

   (a)  all parties to the proceedings agree that such information may be
        published; or

   (b)  the court is satisfied that the information, if published in
        accordance with such directions as it may give, would not reveal any
        matter, including the identity of any party to the proceedings, that
        any party to the proceedings reasonably wishes to remain confidential.

(4) Notwithstanding subsection (3), where a court gives a judgment in respect
of proceedings to which this section applies and considers that judgment to be
of major legal interest, it shall direct that reports of the judgment may be
published in law reports and professional publications but, if any party to
the proceedings reasonably wishes to conceal any matter, including the fact
that he was such a party, the court shall-

   (a)  give directions as to the action that shall be taken to conceal that
        matter in those reports; and

   (b)  if it considers that a report published in accordance with directions
        given under paragraph (a) would be likely to reveal that matter,
        direct that no report shall be published until after the end of such
        period, not exceeding 10 years, as it considers appropriate. (Added 64
        of 1989 s. 5)