Guest Comments by Civic Exchange

Editor's Note: Civic Exchange is a Hong Kong public-policy think-tank.

HONG KONG – We have launched a new publication, The Memory Hole: Why Hong Kong Needs an Archives Law. This report examines why, alone in the developed world, Hong Kong has not enacted a law akin to China's Archives Law or Australia's Archives Act to protect public documents from official tampering. It addresses the resulting problems and suggests solutions.

Extra-legal management of public records has been a neglected policy area in Hong Kong. Lack of a legislative framework has led to structural deficiencies and controversial episodes, like the Jeremy Godfrey “political interference” incident, the Kitty Chong tree-collapse tragedy, the Falun Gong immigration case, Tamar-relocation document loss and many more. Such incidents highlight a lack of government efficiency, accountability and transparency.

Many problems plague Hong Kong's records system, which doesn't oblige government agencies to create or maintain records or to transfer those of long-term value to the archives agency. The Government Records Service (GRS) and its subordinate offices, meant to pursue an effective records regime, lack the powers and competency. The GRS can't monitor the record-keeping of government agencies or impose penalties for non-compliance with guidelines. So the public may lack access to many public records. Worse, denial of records-access isn't subject to judicial appeal.

A statutory records system would enhance management and archival preservation, benefiting the government and civil society. “Better management of public records would offer specific advantages to multiple stakeholders who rely on recorded information to perform their activities, from civil servants to journalists, historians, students, researchers, academics, artists and consultants, among others,” said Nick Frisch, the study author.

“To prevent incidents of improper records-destruction from repeatedly happening, we urgently need record-keeping obligations clarified, legal empowerment of the archival authority, public-access rights and comprehensive electronic-records management,” Frisch added.

With the public more aware of the issue, the government can expect pressure to reform its records and archival systems. An Archives Action Group (AAG), with legislators, retired judges, lawyers, archives-and-records professionals, historians and scholars, was formed in 2008 to study and advocate for archives legislation. It drafted a Public Records Bill and presented it to the government, but received little response.

With more concern and support from NGOs and action groups, we hope this issue can move higher on the public agenda, leading to an effective statutory system to protect records and preserve common heritage for posterity.

ARCHIVES