TNAG-2862-FCO40-4116-Article-XIX-(lobby-group-for-press-freedom)-and-Hong-Kong-Jo-1993 — Page 4

CONFIDENTIAL

XCC(93)34

11

The case for FOI legislation has been pressed by a narrow group in the community. A number of Legislative Council Members are however supportive of the call. Public interest is limited though pressure for action might develop closer to 1997.

12

We remain of the view that legislating for freedom of information is not the best way forward for Hong Kong. However, we have identified certain measures which may be implemented to improve access to official information (paragraphs 17, 19 and 21).

Access to personal records

13

There is currently no clear rule on public access to personal records except for a set of "Data Protection Principles and Guidelines" which are for voluntary compliance by both the public and private sectors on access to computer personal data. Branches and Departments entertain or reject requests made by individuals for access to their own personal information as they deem appropriate. Such demand is small.

14

The Attorney General's Chambers has advised that the Bill of Rights Ordinance does not grant a general right of access to official information. However, it is possible that denial of access to personal information may in some circumstances infringe Article 14 of the Bill of Rights Ordinance which also deals with the related question of privacy. The United Nations Human Rights Committee has given the following interpretation of the identical Article in the International Convenant on Civil and Political Rights -

"In order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data is stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination."