***********************************
Following is a question by the Hon Paul Tse and a reply by the Chief Secretary for Administration, Mrs Carrie Lam, in the Legislative Council today (November 13):
Question:
Earlier on, the Chief Executive (CE) in Council rejected the application of Hong Kong Television Network Limited for a domestic free television programme service licence. The authorities have refused to further disclose the justifications for rejecting the application on grounds of the requirement to comply with the system of confidentiality of the Executive Council (ExCo). Subsequently, the former and incumbent Presidents of the Legislative Council, a former Chief Secretary for Administration and several former ExCo Members have respectively pointed out that there is a need for the Government to review the appointment to, and the functions and operation of ExCo, or that CE has merely used ExCo's system of confidentiality as a shield to refuse further disclosure of the justifications for rejecting the application, and such a practice is neither appropriate nor in tune with public sentiment. In this connection, will the Government inform this Council:
(a) whether it has examined why the licensing incident has fermented a political storm in which CE is being accused of making use of ExCo's system of confidentiality to cover up the real reasons behind the refusal to grant the licence; of the improvement plans to avoid recurrence of the aforesaid situation;
(b) how it will respond to and deal with the views on the appointment to, and the composition, operation and the confidentiality system of ExCo raised by the aforesaid persons who are familiar with ExCo's operation; and
(c) whether it has assessed the negative impact of the Government not responding directly to the aforesaid views and not reviewing the operation, role and representativeness of ExCo on the implementation of policies by the Government in future; if it has, of the assessment results; if not, whether it can conduct such an assessment immediately?
Reply:
President,
Before responding to the question raised by the Hon Paul Tse, I would like to elucidate the system of confidentiality of the Executive Council (ExCo).
ExCo is an organ that assists the Chief Executive (CE) in policy-making. Its constitutional status is provided under Article 54 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR). In order to perform its function in a fully competent manner, ExCo has adhered to the principle of confidentiality over the years, with the purpose of ensuring that ExCo members can speak freely and honestly without any pressure when giving advice to the CE. It also enables the CE to listen to different views when assessing the pros and cons of policies.
Therefore, the confidentiality principle of ExCo proceedings is an essential cornerstone of the decision-making and operation of the HKSAR Government. It must be sternly upheld and respected and should in no way be violated. The principle of confidentiality enables ExCo to take into account various aspects of the policies concerned when making decisions, so that the policies eventually formulated will be more comprehensive. It is also the basis on which the integrity of the ExCo system relies. Protecting the integrity of the ExCo system is a matter of significant public interest.
It is the duty of ExCo members to abide by the principle of confidentiality. According to Section 18 of the Oaths and Declarations Ordinance, a member of ExCo shall take the Oath of Fidelity after his or her appointment, pledging that, "I will not, except with the authority of the Chief Executive, reveal the agenda or proceedings of the Executive Council, or any document communicated to me or any matter coming to my knowledge in my capacity as a Member of the Executive Council; that I will not seek to make or assist others to make any personal gain through the exercise of my official duties and I will be bound by and be collectively accountable for the decisions of the Executive Council."
My reply to the three parts of the question is as follows:
(a) In line with the principle of confidentiality of ExCo, the Government does not disclose the content of ExCo discussion. The Government explains the decisions made and the relevant considerations by means of press releases and Legislative Council Briefs. Information released via these channels will of course vary, taking into account the issues in question, particularly when the issues involve commercial secrets or personal privacy. The same approach has been adopted in the deliberation of the free television programme service (free TV) licence applications. There is no question of using the confidentiality system as a cover-up. In fact, after announcing the in-principle approval of two free TV licence applications on October 15, the Government immediately held a press conference and issued a Legislative Council Brief to explain the criteria and justifications of the decision. Subsequently, the CE and the Secretary for Commerce and Economic Development also explained the decision to the public and the media on many different occasions. However, the Government noted that there were still public concerns and misunderstandings on the ExCo decision. On the conditions of preserving the ExCo system and not disclosing commercially sensitive information about the three applicants and the two existing licensees, the Government issued another press release last Tuesday to further explain the decision.
According to the relevant ordinance, the CE in Council is the ultimate decision-making body on the grant of the free TV licences. ExCo has all along strictly adhered to the confidentiality principle. The Government must act in accordance with the prevailing law and system and should not deviate from the system due to any individual incident. Anyone, including existing licensees and licence applicants, who is aggrieved by the ExCo decision, has the right under the system to resort to judicial actions to review such a decision, which will be handled by the court fairly and impartially.
(b) and (c) As I have just said, ExCo has its constitutional status and its members are appointed by the CE. ExCo plays a significant role in the work of the Government. The Government conducts internal reviews on the operation of ExCo from time to time. We consider the current system generally effective.
We are aware that, in so far as the free TV licence issue is concerned, different people have recently expressed their views on the operation of ExCo. As before, we welcome views from different sectors on the Government's policies and systems and will seriously consider concrete proposals for improvement.
Thank you, President.
Ends/Wednesday, November 13, 2013
Issued at HKT 15:11
NNNN
