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LCQ6 : Suicide or attempted suicide cases on MTR tracks
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    Following is a question by the Dr Hon Fernando Cheung and a reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, in the Legislative Council meeting today (June 20) :

Question:

     It is learnt that the Hong Kong Jockey Club Centre for Suicide Research and Prevention (CSRP) of the University of Hong Kong is conducting a study on suicides or suspected suicides by jumping onto the railway track.  CSRP has obtained the details of each incident since 1997 from the Kowloon-Canton Railway Corporation but the MTR Corporation Limited refused to provide the information.  CSRP then sought the information from the Environment, Transport and Works Bureau (ETWB) but ETWB, citing paragraph 2.15 of the Code on Access to Information, rejected the request on the grounds that the public interest (i.e. the cost-effectiveness of installing platform screen doors) in disclosure did not outweigh the harm that would result in the individuals' privacy.  The Ombudsman subsequently concluded that ETWB's refusal to provide the information was "narrowly-based and not justified", but ETWB refused the request once again.  In this connection, will the Government inform this Council of:

(a) details of each suicide or suspected suicide incident on MTR tracks since 1997, including the date and time of the incident, the station and location of the platform involved, duration of interruption of train service, impact on passengers, as well as the age and gender of the person who committed or attempted suicide; and

(b) ETWB's grounds for continuing to refuse to provide CSRP with the information after the Ombudsman has made the concluding remarks?

Reply:

Madam President,

(a) Annual aggregate data on suicide or attempted suicide cases on MTR tracks between 1997 and 2006 is set out at Annex.  The information includes the incident stations and platforms, duration of disruption to train service, as well as the age group and gender of the persons involved.  In order to protect the privacy of the persons involved, we are not able to analyse and set out the detailed information on a case-by-case basis since this may lead to the disclosure of the identities of the deceased/injured and their relatives.

(b) It is not appropriate for us to comment on how the Ombudsman handles individual investigations or complaints.  I am therefore not going to comment on individual cases.  Nevertheless, the Ombudsman so far has not made any rulings resulting from investigations into our Bureau's refusal to provide information under the Code on Access to Information (the Code).

     We have all along been adopting a responsive and prudent approach in handling applications under the Code.  However, I have to point out that in some cases we have to refuse to provide the information requested if such information, once disclosed, may infringe the privacy of the individuals concerned.  Take this question which refers to detailed information on each suicide or attempted suicide case as an example, the person in possession of the data may be able to identify the deceased or the injured or their relatives resulting in the infringement of their privacy by reference to readily available publications such as newspapers, since newspapers may have reported the incidents at the time they occurred, including the age and the name of the deceased or injured.  As a matter of fact, we have no control over the use of information released under the Code.  We cannot rule out the possibility that the person in possession of the data may approach the relatives of the deceased/injured or the injured themselves if the information were disclosed.  If the relatives of the deceased/injured or the injured themselves were to be approached and reminded of their injuries or of their relatives' demise, their privacy would be infringed and they may also be psychologically scarred.  It is not possible to estimate the harm that may result to the persons concerned.  As such, instead of setting out the detailed information on a case-by-case basis, our approach is to release aggregate data.

     In addition, I would like to point out that whether detailed information on each suicide or attempted suicide cases are provided for academic research purposes is irrelevant to the retrofitting of platform screen door or automatic platform gates by railway corporations.  The latter involves technical problems in retrofitting, which have all along been examined by the corporations.

Ends/Wednesday, June 20, 2007
Issued at HKT 13:07

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