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Selected Cases Relating to Code on Access to Information

Selected Cases Relating to Code on Access to Information

Under The Ombudsman Ordinance, The Ombudsman has a mandate to investigate matters concerning Government departments’/public organisations’ performance under the Government’s Code on Access to Information (“Code”), including public complaints about their non-compliance with the Code.

In this section of our website, we shall be publishing selected Code-related complaint cases that we have investigated. We hope that by reading these cases, the public can better understand their right to information kept by Government departments/public organisations. We also expect Government departments and public organisations to learn from these cases and avoid unreasonably refusing to disclose information. Our goal is to eventually develop these into a repository of reference materials on the subject of access to information.

The Code on Access to Information

	March 2022 English version will be available soon.
	November 2021 FEHD refused to disclose the full report on the Site Selection Feasibility Study of the Tin Shui Wai public market			Pdf Version
	September 2021 HKPF refused to provide copies of donation records of Police Welfare Fund (Case 1) and donation information of Police Children’s Education Trust and Police Education and Welfare Trust (Case 2)			Pdf Version
	September 2021 DEVB refused to disclose information about AMO’s grading of a structure			Pdf Version
	August 2021 CEDB’s handling of request for the list of members of the dedicated team for reviewing the governance and management of RTHK			Pdf Version
	June 2021 DH refused to disclose the voting results and advice of its two Scientific Committees and Government’s Expert Advisory Panel on COVID-19 vaccine procurement by Government			Pdf Version
	April 2021 HKPF refused to provide information about fixed penalty notices issued pursuant to two subsidiary regulations under the Prevention and Control of Disease Ordinance			Pdf Version

	March 2021 REO failing to provide statistics on registered electors			Pdf Version
	September 2020 GLD refused to provide information about distribution of Personal Protection Equipment between 2017 and 2019			Word Version
	August 2020 CSD refused to provide information about sale of its manufactured masks to non-governmental organisations between 2017 and 2019			Word Version
	August 2020 SWD refused to provide the number of “places of agency quota” of a residential care home for the elderly			Word Version
	July 2020 SB refused to disclose information regarding the written submissions received by the Government on the proposed amendments to the Mutual Legal Assistance Ordinance and the Fugitive Offenders Ordinance			Word Version
	June 2020 HKPF refused to provide the costs and particulars of tear gas rounds procured between 2014 and 2019			Word Version
	June 2020 HKPF's refusal to disclose the composition and brands of tear gas rounds used and coloured solution sprayed by specialised crowd management vehicles			Word Version
	May 2020 HKPF refused to provide headings of all chapters in Police General Orders			Word Version

	March 2020 HKPF refused to provide the names and identification numbers of police officers engaged in certain operations
	March 2020 HKPF refused to provide information relating to procurement and disposal of tear gas rounds
	February 2020 DEVB refused to provide tenancy agreements for two revitalisation projects of historic buildings
	December 2019 JA refusing to provide information about the dates of taking the Judicial Oath for assuming office of three judges and names of the officers administering their oath
	November 2019 Complaint against BD for refusing to provide investigation reports and other relevant information about alleged defective waste water pipes on the complainant’s premises
	September 2019 Complaint of delay and excessive masking in providing a report on traffic and transport impact assessment
	August 2019 TD refused to provide the list of tenderers and selection result of operators of three new franchised bus routes
	May 2019 Complaint against OFCA for refusing to provide the service options menus of its telephone hotline voice system

	March 2019 SWD refused to provide annual accounting inspections records of an elderly home
	February 2019 TD refused to provide the Code of Practice for the examination of private cars and light goods vehicles at designated car testing centres
	February 2019 Complaint against Lands Department for refusing to disclose the amounts of premium and administration fee paid by an applicant for change of land use who was granted a waiver in the form of a letter of no objection
	January 2019 LCSD refused to provide the investigation report submitted by a sports association and the list of members of an investigation panel
	December 2018 CSD failed to provide Mr A with various items of information related to his complaints against CSD in a timely manner
	September 2018 ICAC refused to provide Mr B with documents related to his complaints against ICAC officers (“the Documents”)
	July 2018 LandsD refused to provide squatter inspection records
	July 2018 HAD refused to provide an unabridged version of the Model Rules for Rural Committee Elections and the Constitutions of all Rural Committees
	June 2018 EPD refused to provide a breakdown of the cost of an outsourced project
	April 2018 SWD refused to provide Mr C with the manual on its Comprehensive Social Security Assistance (“CSSA”) Scheme (“CSSA Manual”) and had delay in responding to his information request

	March 2018 LCSD refused to provide CCTV footage of a public library			Pdf Version
	January 2018 CSD refused to provide information on complaints about use of unnecessary force by officers of its correctional institutions			Pdf Version
	April 2017 REO refused to provide the complainant with statistics of the 2016 Legislative Council Election			Pdf Version

	March 2017 LCSD refused to disclose the full text of a deed that it had signed with a company on the management of a waterfront promenade			Pdf Version
	January 2017 HD refused to provide a tenant with rental information relating to other tenants in its factory estate			Pdf Version
	December 2016 Leisure and Cultural Services Department failed to provide tree inspection report			Pdf Version

	February 2016 Leisure and Cultural Services Department refused to release its tree inspection reports			Pdf Version
	February 2016 Constitutional and Mainland Affairs Bureau refused to provide records and details of the Government’s discourse with various political groups and Legislative Council Members on the 2015 political reform package			Pdf Version
	November 2015 Housing Department refused Mr A’s request for the management and maintenance records and CCTV footage of an estate shopping mall			Pdf Version
	November 2015 Lands Department refused to provide Mr A with the personal data of an individual who had expressed an opinion on the Department’s proposal			Pdf Version
	October 2015 Correctional Services Department erased the names of health care personnel from the medical records provided to Mr A			Pdf Version
	September 2015 Marine Department refused to provide Mr A with the list of members of its Disciplinary Panel			Pdf Version
	August 2015 Government Porperty Agency refused Mr A’s request for the full investigation report regarding a noise nuisance complaint prepared by a property management company (“the Company”) engaged by Government Porperty Agency			Pdf Version

	February 2015 The Food and Health Bureau refused to provide information pertaining to its meeting in Chengdu with the State General Administration of Quality Supervision, Inspection and Quarantine on updating the list of pesticide residues in food under the relevant legislation			Pdf Version
	January 2015 The Narcotics Division refused to provide information regarding its opinion polls on the RESCUE Drug Testing Scheme			Pdf Version
	May 2014 The Education Bureau refused to disclose the days on which it had inspected the premises suspected to be used as an unlicensed tutorial centre			Pdf Version