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Following is a question by the Hon Emily Lau and a written reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (November 29):

Question:

Regarding the search for the missing teenager YU Man-hon, will the Executive Authorities inform this Council whether:

(a) they will consider allocating funds for buying air time of Mainland television stations to broadcast search messages for YU Man-hon;

(b) they will consider allocating additional funds for the same purpose after the $200,000 earmarked for placing search notices in the Mainland printed media is used up; and

(c) they will make public the names of officers of the Immigration Department who have been found at fault?

Reply:

Madam President,

(a) Ever since we learned that YU Man-hon was removed to the Mainland, we have endeavoured to appeal for reports on the whereabouts of Man-hon through various media and means. Newspapers, radio and television stations in Shenzhen and Guangdong have given wide coverage on the disappearance of Man-hon. The China National Radio has agreed to broadcast another round of appeals in its South China channels, which cover the Guangdong and Fujian Provinces, the Guangxi Zhuang Autonomous Region, the Hong Kong and Macau Special Administrative Regions as well as areas south of the Changjiang River. ATV has been broadcasting appeal messages which can be seen by viewers in Hong Kong and the South China region. Paging services and mobile phone companies in Hong Kong/the Mainland have also been requested to disseminate messages on the search for Man-hon. The Immigration Department has assisted in providing Man-hon's family with more than 350,000 appeal posters. It is our aim to widely disseminate the news through the most effective means.

There is no precedent or established practice for the Government to allocate funds for buying air time in local, overseas or Mainland television stations to broadcast search messages; or for placing search notices in the print media. In view of the exceptional circumstances in Yu Man-hon's case, and in the light of the request of Mrs Yu and the views and support given by Members at the Security Panel meeting on 24 October, we have earmarked a sum of $200,000 for placing search notice in the Mainland media. As to whether there is a need to buy air time of Mainland television stations to broadcast the search news, or whether part of the reserved funds should be used for such purpose, we will consider the matter after seeking the views of Man-hon's family.

(b) The current allocation was made under very exceptional circumstances. We do not have any plan to allocate additional funds for the purpose. With regard to the course of actions to be taken after the fund is used up, we will discuss with the Yu family before making appropriate arrangements.

(c) In his reply to a question raised by the Hon Emily LAU on 22 November, the Secretary for the Civil Service has already explained the reasons for not disclosing the names of the civil servants who are subject to disciplinary actions.

Disciplinary proceedings in the civil service are conducted in accordance with the principles of natural justice (including the rule against bias and the right to a fair hearing) and with due respect for an individual's rights as enshrined in the Bill of Rights Ordinance. The system has been designed to ensure that management actions and punishment are commensurate with the gravity of the misconduct, and appropriate to achieve the desired deterrent effect.

In line with these principles and as the long-standing practice in the civil service, we do not, as a general rule, disclose the personal data of officers subject to disciplinary actions to the public. The administration of disciplinary actions is an internal matter. Disclosing the names of the concerned persons may lead to a public trial of the officers and will prejudice the disciplinary proceedings by depriving them of their right to a fair hearing. The Government, as any other data user, must comply with the provisions of the Personal Data (Privacy) Ordinance. Under normal circumstances, without the prior consent of the data subject, it is against the law to disclose the personal data of the officers subject to disciplinary actions for use other than for the purposes for which the data are collected.

Due to the above reasons, we will not disclose the personal information of the officers who have been proved to be at fault in the YU Man-hon incident. This however will not affect the public's understanding of the incident. On 21 September 2000, the Security Bureau released the investigation reports of the Immigration Department and the Police, together with the recommended improvement measures. The Security Bureau and the two departments gave a full briefing to the LegCo Security Panel on the follow-up actions taken at the Panel meeting held on 24 October.

End/Wednesday, November 29, 2000

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