TNAG-2862-FCO40-4116-Article-XIX-(lobby-group-for-press-freedom)-and-Hong-Kong-Jo-1993 — Page 17

For decision on

16 March 1993

Mr Rigfelts M. Mams

22/3

20

CONFIDENTIAL... Art

HKC. 246/1

RECEIVED IN MEISTRY

APR 1993

Mr Braker XCG(93)34.

ра

XIX.

DESK OFFICER NEX

REGISTRY

PA Action Take

Para 25 comes the China cyle & 18/3

Copy No. 3

MEMORANDUM FOR EXECUTIVE COUNCIL

ACCESS TO GOVERNMENT INFORMATION

THE PROBLEM

In response to further pressure from the Hong Kong Journalists Association, the Hong Kong Branch of Justice and some Members of the Legislative Council, Government has reviewed the case for a Freedom of Information Ordinance. Decisions are required on the way forward.

RECOMMENDATION AND ADVICE SOUGHT

2

(a)

(b)

(c)

It is recommended that -

the public should be given greater access to official information but this should be achieved through administrative rather than legislative means;

a directory on the structure and division of responsibilities within Government should be published to facilitate greater understanding of the Government decision making process;

the administrative Public Records (Access) Rules should be relaxed to allow public access to classified records held in the Public Records Office (PRO) 30 years after their closure but with the provision for a longer closed period for sensitive documents;

(d) pending the adoption of a general policy and/or legislation on data protection and access to personal records in the light of the outcome of the Law Reform Commission's consultation exercise on privacy, arrangements should be made to allow the public access to the personal data they have supplied to Government; and

(e)

laws which have an impact on press freedom and which are either obsolete or may be inconsistent with the Bill of Rights Ordinance should be repealed or amended as soon as the legislative programme allows.

Executive Council