Citation.
Interpretation.
Application.
Records
available for
public inspection.
Restrictions of access to public records.
PUBLIC RECORDS (ACCESS) RULES, 1972
1. These Rules may be cited as the Public Records (Access) Rules.
2. In these Rules unless the context otherwise requires
"Archivist" means the Archivist appointed to administer the
Public Records Office;
"Government Office" means any department, office, agency or
instrument of any kind of the legislative, or executive or judicial government of Hong Kong;
"Public records" means all such documentary materials of any
kind, nature or description which have been drawn up, make, received, acquired or used in the course of legislative, administrative or executive transactions, together with all exhibits and other material evidences which form part of or are annexed to or are otherwise related to specific documents, which are or are required to be in the custody of any public officer or Government office or which may at the commencement of these Rules or thereafter be transferred to or be acquired by the Public Records Office;
"Public Records Office" means the Public Records Office of
Hong Kong;
"Public officer" means any person holding an office of
emolument under the Crown in right of the Government of Hong Kong, whether such office be permanent or temporary,
3. Nothing in these Rules shall apply to any public records drawn up, made, received, acquired or used in the course of the proceedings of any court in Hong Kong.
4.
Subject to the provisions of these Rules and the Laws of Hong Kong, public records deposited in the Public Records Office
(a) which have been in existence for not less than
thirty years; or
(b) the contents of which have at any time been
published or otherwise wholly disclosed to the public or which are available in the form of either originals or copies in the Public Records
Office in London,
shall be available for public inspection.
5. Without prejudice to the generality of Rule 4
(a)
if it appears to the Chief Secretary, upon advice to that effect by a public officer or the administra- tive head or officer for the time being in charge of any government office which has deposited public records in the Public Records Office, that any such records contain information the disclosure of which would not be in the public interest, such records shall not be available in the Public Records Office for public inspection even after the expiration of the period determined under Rule 4;