While Legislative Council staff pride themselves on the legislature's access-to-information policy, a lawmaker who has tested the system is frustrated with the denial of his request for certain documents.
Dr Kenneth Chan Ka-lok of the Civic Party asked for the records, on deliberations before the handover about right-of-abode for Hongkongers in Britain, for his research into the issue last year.
Chan, who teaches government and international studies at Baptist University, says he is also unhappy with the removal of key information from another file on handover issues that was released to him.
The classified records he requested are titled "Joint Working Group on British Nationality", dated February to July 1981.
An access-to-information officer informed Chan that the documents were exempt from the Legco access-to-information policy for two reasons: their disclosure was prohibited by law; and the documents were held for or provided by a party under an "explicit" understanding that the records would not be disclosed without that party's consent.
"I was struck dumb," Chan said. "It looks like restrictive treatment and pays little regard to my right to information. It is not clear how the exempted categories are being interpreted. I would have expected some explanation in detail."
Chan said he might lodge an appeal to Legco's committee on access to the legislature's document and records.
While not commenting specifically on the case, Legco assistant general secretary Matthew Loo said that if more details were given to explain a denial of access "the confidential contents … might be indirectly revealed".
Chan's application for an open record, titled "Sino-British Joint Liaison Group" and dated 1985, was granted, but the identity of the writer and the addressee were redacted by the Legco staff, who said the information was removed in line with the Personal Data (Privacy) Ordinance.
The document was a draft memo written by someone in the now defunct Office of the Unofficial Members of the Executive and Legislative Councils.
The writer noted that a lawmaker pointed out a discrepancy between the English and Chinese texts of the Joint Declaration's Annex II, arguing that under the Chinese text, the liaison group had the right to discuss constitutional reform pertaining to Legco elections.
The writer concluded: "Now it seems that the Joint Liaison Group could legitimately consider such matters in the 'second period'. I trust that this would be of interest to you and would leave it in your good hands."
Chan found the removal of words annoying. "Without knowing the identities, I have no idea whether the contents are of any historical interest. The writer and the addressee were acting in their official capacity, and I wonder why it has to do with privacy."
This article appeared in the South China Morning Post print edition as: Lawmaker left frustrated over Legco records
ncG1vNJzZmivp6x7tK%2FMqWWcp51ku6bD0mifqKaXYriwusZomKusmZi5pnuQb3BxbWhlfKS11aKaZqiRp8G6v4yknKemlam1bq%2FHmqVmrJ%2BhsW64xKCaqGWimrCwvsOsZJqqlWK5qrnIrao%3D