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In response to media enquiries on the arrangements for Legislative Council (LegCo) members to access the redacted version of the Report of the Transport and Housing Bureau's Investigation into Staff Conduct in the Marine Department in relation to the Vessel Collision Incident near Lamma Island, a spokesman for the bureau today (June 15) made the following reply:
The LegCo Panel on Economic Development passed a motion on April 28, 2014, urging the Government to allow LegCo members to peruse the investigation report after signing a confidentiality undertaking. While the motion is not legally binding, the Transport and Housing Bureau (THB) invited all LegCo members in writing on June 12, 2015 to consider signing the confidentiality undertaking prepared with the assistance of the Department of Justice and informed them of the relevant arrangements. After signing the undertaking, members can have access to the redacted report at the designated venue at West Wing, former Central Government Offices, Ice House Street, Central from June 15 to July 14, 2015 (both days inclusive).
All the contents of the report (including those in the main body and appendices and any part hereof) are confidential information. The key points of the undertaking are:
* Members who wish to peruse the report should do so in person and cannot authorise any other person to peruse the report on his or her behalf;
* members should not disclose to any person the content of the report or any part thereof; and
* members should not take notes, copy or reproduce the report of any part thereof by any means.
The Secretary for Transport and Housing and the Secretary for Justice have on numerous occasions explained in detail the reasons for not releasing the full report. Amongst them, the paramount consideration is the impact on any pending or possible criminal proceedings.
The THB reiterated that the Government has the duty to ensure that the confidential information in the internal investigation report will not be leaked. Therefore, as indicated in the motion passed by the Panel on Economic Development, THB's requiring LegCo members to sign and abide by the confidentiality undertaking is to safeguard the contents of the investigation report from being disclosed and hence, avoiding or reducing the risk of prejudicing the conduct of any pending or possible criminal proceedings and disciplinary actions in relation to the collision incident (though the Government will reassess the risks from time to time). These measures which aim to prevent the disclosure of the internal investigation report are necessary and appropriate.
The clauses in the confidentiality undertaking allow LegCo members who have signed the undertaking to discuss the report at any meetings of the LegCo and/or any panels or committees which are conducted in camera and not open to the public, and which are attended only by LegCo members who have signed the confidentiality undertaking. LegCo members may also discuss the report at any other meetings attended only by LegCo members who have signed the undertaking and in such circumstances as will ensure that the confidential information will not be disclosed to any person other than those LegCo members who take part in such meetings. If in future LegCo members think there is a need to hold meetings in camera, the THB can arrange staff of the LegCo Secretariat to sign the confidentiality undertaking so that they can provide support to the meetings. Sufficient copies of the investigation report will be made available for such meetings.
The THB stressed that the clauses in the confidentiality undertaking were prepared on the above premise. Members are urged to consider signing the confidentiality undertaking for access to the investigation report.
Ends/Monday, June 15, 2015
Issued at HKT 21:31
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