The University of Hong Kong (HKU) has sought police help for the unauthorized leaking of council meeting recordings - an act the Education Bureau fears could "undermine its institutional autonomy".

The HKU Council last month vetoed a committee's recommendation to fill its post of pro-vice-chancellor. Commercial Radio on Wednesday released audio recordings on council members' views on the competence of the sole candidate - former law faculty dean Johannes Chan Man-mun.

The authenticity of the audio was verified by several council members. The radio station did not identify the source of the leak.

Arthur Li Kwok-cheung, current Executive Council non-official member and former Chinese University of Hong Kong vice-chancellor, was the victim of the leak as it appeared to be his voice on the audio. He said the person who had leaked the recording had violated a confidentiality code agreed by all council members. Such a person clearly lacked integrity, Li added.

Council Chairman Edward Leong Che-hung, on the sidelines of a meeting, said he was "absolutely shocked" to learn about the leak.

"It is absolutely unacceptable and should be strongly condemned for breaching the code of confidentiality at council meetings. It also breached the privacy of everyone who was talking," Leong said.

In a statement issued later, he pledged to investigate the matter.

The Education Bureau also responded on Wednesday evening. The council is the university's supreme governing body, a bureau spokesperson explained. The principle of confidentiality was to ensure members could speak their minds freely.

"Any act which violates the system of confidentiality in order to serve any other purpose not only seriously impairs the normal and effective operation of the university's supreme governing body but also undermines its institutional autonomy," the spokesperson added.

The HKU reported to police on Wednesday evening. The case was listed as "request for police assistance" and is being handled by a regional crime unit.

The bureau was also aware of the police involvement, saying in the statement they "believe the police will follow up on it appropriately". But legal experts are baffled as to exactly which offense has been committed.

HKU law lecturer Eric Cheung Tat-ming said it appeared the university was involving the police before knowing which law was broken.

Barrister Albert Luk Wai-hung said it is generally not against the law to make an audio recording of a conversation - regardless of an agreement between the people involved in the conversation.

The offense of "access to computer with criminal or dishonest intent" has been used with regard to the unruly use of smartphones in the past. But Luk said it would have to be proved whether the person who leaked the audio sought "dishonest gain" for himself, or to cause loss to another person, at the time of recording the conversation.

Council member Leonie Ki Man-fung, in a statement, said the leak was part of a well-planned plot to attack Arthur Li. She believes the person responsible was a council member and hopes the police will find this person.

Voice recordings also fall under the statutory protection of personal data, provided that the material clearly provides the identity of the person involved. But news activities and archiving are generally exempt from this. The enforcement agency has also cited public interest as an issue to be considered in the case.

The leak came less than a day after HKU banned undergraduate representative and student union president Billy Fung Jing-en from sitting in on sensitive matters for repeated and flagrant breaches of protocol.

Fung was given another month to prepare a response.

kahon@chinadailyhk.com

(HK Edition 10/29/2015 page7)