Police should have the right to read the medical report of a woman who claimed her right eye was wounded by a rubber bullet that police fired outside the Tsim Sha Tsui police station, Privacy Commissioner for Personal Data Stephen Wong Kai-yi said.

Wong, a former prosecutor, said that unless there is a compelling reason to deny police access to the record, police will be allowed to read the medical record because of the huge public interest in the case and the challenge to the reputation of the force from so serious an allegation.

With a court warrant, police have already obtained the medical report of the "blind" woman from the Hospital Authority. Yet the medical report has not been opened because the woman took legal action that aims to prevent police from obtaining her medical records. Police have agreed not to read her medical report pending the court's ruling. The court concluded its hearing on Monday and will deliver a verdict at a later date.

News reports and TV clips from the night of Aug 11 showed the right eye of the woman was shot by a rubber bullet. However, she did not report the accident to police, leaving police unable to ascertain the cause of her injury and whether she had taken part in violent protests on that day.

"The doctor has the duty to protect the privacy and medical records of the patient. However, when it comes to the public interest and allegation of a criminal offense, public interest comes before personal interest" and the right to privacy, Wong said.

"Since she claimed she was shot by police, it is necessary to publish the medical record in a fair manner in order to find out the truth as to whether police have done wrong by shooting her right eye or if her right eye was wounded by something else. Therefore, I think police are right to ask to see the medical report for further investigation and proof of their innocence, knowing that the woman is making a very serious allegation against the police force."

Because allowing publication of the whole medical report would be controversial, he suggested the only the judge and the lawyers for both sides be allowed to read the medical report, but the lawyers not be allowed to disclose the content to the public. Alternatively, the report may be edited so that only the gist is disclosed, but not the full details.

joseph@chinadailyhk.com

(HK Edition 11/06/2019 page4)