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在香港的政府信息公开制度中,支撑公民获取政府信息的一般权利的,是缺乏上位法依据的行政守则。守则有推定公开、不限制申请人资格等优点,但也存在涵盖机构的范围过窄、豁免公开的条款过于宽泛等缺点。公民无法诉诸法院强制实施守则,但可以向申诉专员投诉。申诉专员较好地捍卫了最大程度公开信息的原则,但其建议缺乏拘束力。目前的数据无法表明,守则满足了公众对政府信息的真实需求,各种信息公开单行法也未能全面提高政府的透明度。政府能在一定程度上维持开放的形象,还因为香港继受的普通法和议会传统形成了辅助机制,促使涉及重大公共利益的政府信息向社会公布和流通。但总体而言,政府的信息公开程度仍取决于政府的良好意愿,知情权缺乏根本保障。内地在参考香港政府信息公开的经验时,应当审慎分辨其得失。
In Hong Kong’s system of government information disclosure, the general right of citizens to obtain government information is the lack of an administrative code based on the law of higher rank. The Code has the advantage of being open to the public and not limiting the eligibility of applicants. However, there are disadvantages such as the narrow scope of covered institutions and the overly broad exemption from disclosure. Citizens can not resort to the court to enforce the code, but they can complain to the Ombudsman. The Ombudsman defended the principle of maximizing publicity, but his advice was not binding. The current data can not show that the code meets the real needs of the public for government information, and all kinds of information disclosure of one-way law failed to fully improve the transparency of the government. To a certain extent, the government can maintain the image of opening up and because the common law and the parliamentary tradition that Hong Kong has inherited form an auxiliary mechanism to promote the public disclosure and circulation of government information concerning major public interests. However, on the whole, the level of government information disclosure still depends on the good will of the government and the lack of fundamental protection of the right to information. When referring to the experience of the government information disclosure in Hong Kong, the Mainland should make careful judgments on its gains and losses.