Doxxing and the Alternative Remedies to Sanction Under the Personal Data (Privacy) Ordinance (“PDPO”)

As indicated in previous articles, various Social Media with Hong Kong circulation published personal details of police officers in Hong Kong beginning in September 2019 and extending through to the middle of 2020 with full details of photographs, Chinese full name, English full name, residential address, Hong Kong Police Force Officers status and extending to photographic likeness and details of immediate family members.

Obviously this led, again, on Social Media to torrents of personal abuse all directed to a police officer who was discharging his official duties in managing the enormous crowds of usually violent “protestors” marching and ripping up streets in the name of “democracy”.

One particular identified police officer took legal action in the High Court of Hong Kong to claim an order of removal of the doxxing materials from the Facebook page of the offender and an order that the Offender whether through himself or any agent be restrained from any such publication of any of the personal data of the police officer plaintiff and for damages.

How this action developed is not on the public record but it can be assumed that it led to some kind of contrition on the part of the offender and this led to the “APOLOGY NOTICE” published in the South China Morning Post on 26 April 2022 as set out below:-

Apology Notice

I, Desmond Ng, the defendant in HCA 1593/2020, hereby acknowledge that having been affected by violent incidents in society I disclosed the identity of a police officer who had served the community as a scout leader for over 30 years, without considering the harmful consequences that could cause to that police officer.  I have made deep reflections of my conducts and feel deeply sorry.  Now I post this apology notice to solemnly express my sincere apology to that police officer, his family and all relevant police officers, and undertake to respect the privacy of others and conduct myself as a law abiding Hong Kong citizen.

This may have been an isolated case but in nevertheless tells a story of realized contrition on the part of the offender and speaks for itself.

Since “Hong Kong has enacted specific amendment to the Personal Data (Privacy) Ordinance criminalizing all doxxing activity and it is quite clear that this new legislation has effectively terminated the doxxing practice particularly in relation to document servant doing their duty albeit against the civilized perceptions of certain members of the public.