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Hong Kong

Freedom of information: adviser goes on record

City's worldwide study 'shows withholding of data is seldom met with punishment'

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Alan Lai Nin
Stuart Lau

It is common for authorities around the world to review any decisions to block the public from viewing records rather than punish overzealous officials, an adviser on law reform says.

Hong Kong is studying overseas jurisdictions as it considers whether to impose laws to regulate the government's ability to withhold information.

None of them made it a criminal offence for office-holders to deny public access unreasonably, because of "the difficulty of proving criminal intent", Law Reform Commission secretary Stephen Wong Kai-yi told the South China Morning Post.

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Ombudsman Alan Lai Nin's call yesterday for legislation would create "little pressure" on the commission's ongoing work to analyse open access to data, Wong said.

Lai recommended that the government consider introducing a freedom of information law, overseen by an independent body with enforcement powers, to underpin the right of residents to view records.

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The present Code on Access to Information posed obstacles when the media sought information involving public interest, the Journalists Association said.

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