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Following is a question by the Hon Kenneth Leung and a written reply by the Chief Secretary for Administration, Mrs Carrie Lam, in the Legislative Council today (November 27):
Question:
Earlier on, the Government has, on the ground that the long-standing system of confidentiality of the Executive Council (ExCo) should make no exception for any individual incident, declined to disclose the entire process of the vetting and approval of the domestic free television programme service licence applications by ExCo, and refused to further disclose the reasons for rejecting the application of Hong Kong Television Network Limited. The incident has aroused public concern about the confidentiality system of ExCo and there is also a view that the confidentiality system has been reduced to a tool for the Government to cover up its black box operation. In this connection, will the Government inform this Council:
(a) of the historical background of the confidentiality system of ExCo;
(b) of the legal basis for the current confidentiality system of ExCo, and whether it has ever been revised; and
(c) given the view that ExCo has failed to strike a balance between its confidentiality system and the public's right to know, whether the authorities will consider afresh to review and revise the confidentiality system of ExCo to allow the Chief Executive, the Convenor of ExCo and the Secretaries of Department or Bureau Secretaries responsible for the policies concerned to give the public a detailed account of the justifications for various major policy decisions made by ExCo?
Reply:
President,
My reply to the three parts of the question is as follows:
(a)&(b) The Executive Council (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 been adhering to the long-established principle of confidentiality before and after the Handover, with the purpose of ensuring that ExCo members can, as in the past, 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.
In other words, 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. Therefore, 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."
(c) In line with the principle of confidentiality of ExCo, the Government does not disclose the content of ExCo discussion, but will explain the major points of the decision and the relevant principles leading to the decision by means of press releases and Legislative Council Briefs. Besides, the relevant policy bureau will, on a need basis, convene press conference to explain to the public the decision made and respond direct to media enquiries. The CE will also explain the decision to the public if needed. The purpose of this established practice is to strike a balance between the principle of confidentiality and the right to know of the public. The same approach has been adopted in the deliberation of the free television programme service licence applications. Both the CE and the Secretary for Commerce and Economic Development have explained the major points of the decision and the relevant principles leading to the decision on many different occasions. There is no question of using the confidentiality system as a cover-up.
Ends/Wednesday, November 27, 2013
Issued at HKT 18:48
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