March 1998

Obscured window on government

Information Code under fire

By Christine Au

According to Mr. Lo Wing Hung, an executive committee member of the Hong Kong Journalists Association, the Government is falling short of keeping up with an increasingly pluralistic mass media and an ever-changing society.

The association conducted a survey in October 1997 to test the efficacy of the Code on Access to Information.

“The Code has been in practice for 2 years and it was time to look into details of the actual implementation process,” said Mr. Lo.

Mr. Gren Manuel, a reporter for the South China Morning Post, helped in the project by lodging at least 32 requests asking for more than 50 documents from almost all government departments, using his own name and address.

Is the government holding back news ?

However, the test was viewed by the Home Affairs Bureau not as a series of sincere requests for information, but as an attempt to generate a news story.

A restricted memo was passed around the Government. It has been reported that Chief Secretary Anson Chan and Financial Secretary Donald Tsang received a copy of the memo.

Said Principal Assistant Secretary for Home Affairs John Dean: “It is odd for us to receive such a large amount requests for information.

“Many government officers were not so sure of what to do. Hence, I decided to write a memorandum,” said Mr. Dean.

“We once asked him (Mr. Manuel) to come and read the information (he requested), but he refused.

“The guy who filed the bulk of requests actually had no real interest in the information,” said Mr. Dean.

Part of the memo reads, “It is likely that the newspaper is planning an article on the subject, probably in the hope of an ‘exposure’. Good news is no news and we can kill the story or at least reduce its impact.”

“Those inexperienced civil servants may be scared of releasing information, while those with long tenure have to learn new things. Constant reminders are helpful in encouraging openness within our staff,” said Mr. Dean.

“I did not teach my colleagues to suppress requests from the press,” said Mr. Dean, adding that all he wanted to do was to draw attention to the guidelines laid down in the Code.

Mr. Dean thinks that the whole incident is only a “storm in a teacup”.

“It would not be newsworthy to report ‘the Government responds properly and in full’. On the other hand, ‘Government blunders by responding only 60 percent of requests and the Code is failing’ will certainly make it to the headlines,” said Mr. Dean.

Mr. Manuel countered, “I did not do the story for my newspaper, and I am not going to write about it. The Government has got it all wrong.

“I have asked for a copy of the memo, but they refused,” added he.

Said Mr. Lo: “Presumably, if everything is on the right track, there is no need for the Government to give our requests any special treatment.

“Actually, we never expected such a big response from the Government,” said Mr. Lo.

Mr. Lo said the Government is making a mountain out of a molehill by using sensational words like “kill”.

“Even officials are unfamiliar with the Code and constant reminders are needed,” added Mr. Lo.

Ms Christine Loh, chair of the Citizens Party, commented that it is not surprising to see such reactions.

“The spirit of the test is supportive. It examined the efficiency and helpfulness of the Government.

“My concern is the sincerity of the Government in disclosing information,” said she.

“Even journalists and academics, who should have higher levels of consciousness, do not make use of the Code. Even if they do, requests are simple and pose no real challenge to the Government,” Ms Loh said.

She also added that the Government could improve only if people pressed them hard.

Mr. Manuel has had a variety of experiences making requests for information..

“Even after the implementation of the Code, it is still necessary for me to use some tactics to elicit information from some departments. The Police Department is one of the few which is very helpful,” said he.

Ms Loh declared, “The Code can only be useful if it is endowed with statutory rights. Under the present circumstances, the Government has no obligation to provide information to the public.”

In the United States, where there is a Freedom of Information Act, interest groups can force even intelligence agencies to release their budgets to the public, according to Mr. Manuel.

The Journalists Association strongly supports making the Code into a law similar to the F.O.I.A.

Some members think the present Code may be amended or repealed at the Government's discretion.

“The Code is vague, with many loopholes. A law would enable the regulations to be more concrete. In cases of disagreements, an impartial judgement could be made by the court,” said Mr. Lo.

However, the Government has no plan for a new law..

Said Mr. Dean: “The Government believes that self-regulation is generally preferable to legislation. At present, not many countries have such a law.”

He is satisfied with the present efficiency of the Code.

“Over 90 percent of the requests are met, demonstrating our capability in satisfying public demand.”

Nevertheless, he is not entirely close-minded.

“We are always open to suggestions,” added Mr. Dean.

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