FCMC 41/2022

[2025] HKFC 128

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES

NO. 41 OF 2022

__________________________

__________________________

___________________

D E C I S I O N

( Publication of Judgment )

___________________

1. The Respondent objected to publication of the ancillary relief judgment in these proceedings handed down on 12 March 2025 (“the Judgment”) by her letter dated 20 March 2025.

2. The court directed that the parties lodge submissions and specify any further words/items that they required to be redacted. The Petitioner is represented and lodged the Petitioners Submissions (Publication of Judgment) 22 May 2025 by his trial counsel, Mr Barns. The Respondent is no longer represented, or not for her present application. She lodged Respondent’s Submissions (Publication of Judgment) dated 5 June 2025 in person.

3. The Respondent applied for publication of the Judgment to be withheld because it contains personal data of the Respondent and the children and publication may reveal her identity and expose her and the children to misuse of their personal data. Alternatively, she applies for the Judgment to be further redacted and anonymised.

4. The Petitioner considers that the Judgment may be published as is and takes a neutral stance on the further redaction application, subject to certain observations.

General principles concerning publication of Family Court judgments

5. Order 42, rule 5B of the District Court Rules (“RDC”) sets out the procedure to be followed upon delivery of judgments in writing, and provides, inter alia , that:

"(4) Where a judgment or order and reasons therefor or the reasons are given at a later date and, being recorded in writing, are not read in full, the Court shall-

(a) lodge a copy thereof in the High Court Library; and

(b) make a copy thereof available for public inspection in the Registry.”

6. In addition, the modern practice is for judgments to be uploaded to the Judiciary Website, and thereafter available for publication on such sites as HKLII.HK.

7. For cases in the Family Court division of the District Court, a bespoke procedure applies to supplement O.42, r.5 RDC. Practice Direction 15.15 applies to "Concerned Proceedings", including "Matrimonial Proceedings", defined by PD 15.12 to include proceedings under the Matrimonial Proceedings and Property Ordinance, Cap.192 (“MPPO”).

8. PD 15.15 relevantly provides as follows:

"Publication of Judgments

21. Al judgments in Concerned Proceedings, whether in hearings open to the public or not, should normally, in line with Article 10, conceal the identities of the parties and any children who are mentioned. Accordingly, the names of the parties and children and any part of the judgments which may reveal thei