Dead-End Search
New changes to Hong Kong’s land title registration system have raised concerns among the city’s journalists about the media’s oversight power as the city faces an ever-tightening press freedom environment.
The legislation, set to go into effect in the first half of 2027, includes a new provision stipulating that access to title registers and land records has to fit nine “specified purposes” (指明目的). Only one of those purposes, “conducting a search or inspection in the public interest,” requires review and approval of a statement of purpose submitted to the Land Registrar, which has the right to reject the application, according to a Legislative Council (LegCo) brief. Those requests would be reviewed and considered on a case-by-case basis, provided records are used strictly in accordance with the searcher’s purpose, and the public benefit outweighs the potential impact on the affected party’s right to privacy, among other considerations.
While one of the nine reasons for land records access is “conducting research or general analysis for academic purposes or reporting (作出報告) on the property market,” news reporting is not specified as an acceptable “purpose” in the legislation.
LegCo’s legal adviser raised more than 20 questions about the change, seeking clarification about issues such as what defines a “public interest” purpose and whether an appeal could be submitted upon rejection. Permanent Secretary for Development Doris Ho Pui-ling said in a LegCo subcommittee meeting this week that journalists could apply records under the “public interest” purpose, and that the approval process would take one to two days, adding that “land records are not for easing investigative reporting but for maintaining property market operation and providing simplified arrangements for professionals, potential buyers and public officers to obtain information.”
Under the current law, any person can request land registry records by applying to the Land Registrar and paying a fee.
The new legislation “puts the cart before the horse” (本末倒置), reported the Hong Kong digital media site The Collective (集誌社), paraphrasing Hong Kong Journalism Association (HKJA) chair Selina Cheng (鄭嘉如). Cheng argued that the media typically investigate by first examining open records before determining whether a case should be reported in the public interest, and added that the new system could allow large developers to abuse market mechanisms without the knowledge of ordinary citizens.
The legislation was gazetted before it was tabled at LegCo, a process known as “negative vetting” (先訂立後審議). An submission (意見書) by the HKJA last month emphasized that the amended legislation would weaken the public’s oversight power, and criticized the process as a measure to avoid pushback from the public.
