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Winnie Chiu speaking at a press conference at the Office of The Ombudsman in Sheung Wan on Thursday. Photo: K. Y. Cheng

Hong Kong’s new ombudsman tells government to get a move on with ‘freedom of information’ law her office recommended

  • Winnie Chiu said her office completed an investigation into the government’s dealing with public requests for information as long ago as 2014
  • The former deputy police chief also promised to recuse herself from any investigations relating to the Hong Kong Police Force
Law
Victor Ting

Hong Kong’s new ombudsman called on the government on Thursday to promptly follow up on her office’s recommendations for an access-to-information law.

Speaking at a press conference for the first time since taking office, Winnie Chiu Wai-yin echoed her predecessor’s parting remarks, reminding officials that the issue had long been a concern of the watchdog, which completed a large-scale investigation into the government’s dealing with public requests for information in 2014.

“The Office of the Ombudsman had called on the government to introduce legislation for disclosure of information and data archiving,” Chiu said. “The government should act in a timely fashion.”

“The relevant ordinances should have a wide remit, covering public bodies that receive government funding or provide public services, like health, education and social services,” Chiu added.

She suggested the Prevention of Bribery Ordinance, which has a much wider purview, covering more than 100 public bodies, in addition to government departments, as an appropriate model.

Former deputy police chief Chiu said she would recuse herself from any future investigations relating to the police force. Photo: Roy Issa

Currently, Hong Kong only has an administrative code to ensure departments release information requested by the public.

The Law Reform Commission published a paper in December to gauge views on whether legislation was needed, putting forward a proposal the former Ombudsman Connie Lau Yin-hing found too conservative.

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There were 4,826 complaints filed with the Ombudsman in 2017-18, compared with 5,624 in 2013-14. Grievances about government officials rejecting requests for information were regularly among the most common complaints.

Chiu started her new job on April 1 for a term of five years, having stepped down from her previous role as Deputy Police Commissioner in March after 35 years of service.

Winnie Chiu started in the job as ombudsman on April 1. Photo: K. Y. Cheng

Upon her appointment, she was described by veteran lawmaker James To Kun-sun as “one of the most bureaucratic police officers” he had known, and Chiu responded by saying she would be receptive to different views.

As Ombudsman, Chiu has the power to launch investigations into any alleged maladministration of more than 80 government departments and public authorities, excluding the police.

The only exception for the police force is complaints about non-compliance with the Code on Access to Information.

More Hongkongers complain to Ombudsman in 2017-18 about access to official information

Addressing concerns of a conflict of interest should she be marking her former team’s homework, Chiu announced she would recuse herself from any future investigations relating to the police force, and delegate responsibilities to her deputy.

Setting out her stall on Thursday, Chiu stressed she would be a “fair, impartial, efficient, open and accountable” Ombudsman who operates “without fear or favour”.

The electoral office has come under fire for losing a government document containing the personal information of 8,000 voters and failing to declare it for two years. Photo: Felix Wong

Chiu listed four key areas as her priorities as Ombudsman, including raising public awareness of the office’s work, proactively initiating investigations as well as dealing with complaints, increasing transparency and openness, and improving the efficiency of the office.

A potential item in her in-tray is the recent loss by election officials of a government document containing the personal information of 8,000 voters, with the electoral office failing to report the incident to the constitutional minister until two years later. The constitutional minister has called the office’s handling of the matter “unacceptable”.

Chiu said she had looked into the matter, but would wait until the conclusion of the investigation conducted by the Electoral Affairs Commission to decide what action to take next. Investigators are expected to take eight weeks to produce a report.

This article appeared in the South China Morning Post print edition as: Government urged to act on freedom of information
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