Access to Information Officer

Department of Justice has designated Senior Executive Officer (Administration & Staff Relations), as the Access to Information Officer who is responsible for ensuring that requests for access to information under the Code are properly dealt with in accordance with the specified procedures.

Requests for Information

Requests for information may be made orally or in writing.

Oral requests will usually suffice where the information sought can be provided readily and simply, for example, by oral replies or provision of leaflets or standard forms. The Department may, however, ask for an applicant to confirm in writing where necessary or appropriate.

Written requests should be submitted through online application, or filling in the application form for access to information and submitted to the Access to Information Officer either in person, by fax, by email or by mail at the following mailing address –

Requests should be addressed to -
Access to Information Officer
G/F, Main Wing,
18 Lower Albert Road, Central,
Hong Kong

Responses to Requests for Information

Responses to requests for information will be given as quickly as possible.

Where a request, whether written or oral, cannot adequately be met by an oral reply or provision of a standard leaflet, form, etc., the information may be given in one of the following forms -

• a copy of the relevant record or part thereof;
• a transcript of the relevant record or part thereof;
• a summary of the relevant record or part thereof; or
• by affording the applicant a reasonable opportunity to inspect, hear or view the relevant record or part thereof.

So far as possible information will be provided in the form in which it exists. Where disclosure of certain information in a record is to be refused*, access will normally be provided to the remaining part of the record.

* The department may refuse to disclose information which would be privileged from production in legal proceedings including that covered by legal professional privilege. It may also refuse to disclose information that violates the principles under the Personal Data (Privacy) Ordinance.

The Department, under the Code on Access to Information, is not obliged to -

• acquire information not in its own possession;
• create a record which does not exist;
• provide on requested information which is already published, whether free or at a charge;
• provide information available through an existing charged service.

In these circumstances an applicant for information will, where possible, be directed to the appropriate source of the information.

However, if information is held by another department, the Department will transfer the request to that department and so advise the applicant.

Target Response Times

Where possible information will be made available within 10 calendar days of receipt of a written request. If that is not possible the applicant will be so advised by an interim reply within 10 calendar days of receipt of the request. The target response time will then be 21 calendar days from receipt of the request.

If a request is to be refused the applicant will be so informed within the time frame set out in the paragraph above.

Responses may be deferred beyond 21 calendar days only in exceptional circumstances. The applicant will be so explained. Any deferral should not normally exceed a further 30 calendar days.

Charges

The general photocopying service (for black and white copy) is charged as follows -

• A4 size paper at $1.5 per copy
• A3 size paper at $1.6 per copy

Note: Photocopying made on both sides of a sheet is counted as two copies.