MTR rail link papers scandal underlines the need for an archives law in Hong Kong

If one were seeking to demonstrate the need for records and archives legislation in Hong Kong, one need look no further than the revelations of missing records relating to construction of the MTR’s Hung Hom station (“Inspection documents for rail link missing”, January 31, and “Scandal deepens over lost documents”, February 1).

As a member of the Archives Action Group, I have advocated the enactment of archives legislation that, among other provisions, includes a requirement to create as well as maintain records, imposes sanctions for non-compliance, and applies to statutory bodies that receive government funding or investment.

It is ironic that, in December 2018, the Law Reform Commission’s Archives Law Sub-committee released a public consultation paper on the issue of archives legislation, seeking public comment specifically on whether an archives law should place an obligation on government agencies to create records, whether sanctions should be imposed for non-compliance, and whether its provisions should be extended to public bodies in addition to government bureaus and departments.

No doubt members of the public will reflect on the events that have come to light in respect of the MTR Corporation – a body in which the government has a major financial interest – and feel motivated to express their concerns by responding to the public consultation paper on an archives law before the deadline of March 5.