Capital Works Reserve Fund Resource Allocation Exercise

Response to this request is long overdue. By law, under all circumstances, Financial Services and the Treasury Bureau Treasury Branch should have responded by now (details). You can complain by requesting an internal review.

Dear Treasury Branch, Financial Services and the Treasury Bureau,

I wish to obtain the following information:
1. Financial circular No. 3/2012 "Capital Works Programme"
2. The results of each Capital Works Reserve Fund Resource Allocation Exercise held in the past five years, including the names of each individual project and its respective result.

Yours faithfully,

C.C. Kan

Public enquiry, Financial Services and the Treasury Bureau Treasury Branch

Dear C.C.Kan,

Thank you very much for the message, the content of which has been noted.
We shall take appropriate follow-up actions and if a reply is necessary, we
shall approach you as soon as possible.

Financial Services and the Treasury Bureau
(Treasury Branch)

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|"C.C. Kan" <[FOI #151 email]> |
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|FOI requests at Financial Services and the Treasury Bureau Treasury Branch <[Financial Services and the Treasury Bureau Treasury Branch request email]> |
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| Date: |
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|23/03/2017 03:08 |
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|Freedom of Information request - Capital Works Reserve Fund Resource Allocation Exercise |
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Dear Treasury Branch, Financial Services and the Treasury Bureau,

I wish to obtain the following information:
1. Financial circular No. 3/2012 "Capital Works Programme"
2. The results of each Capital Works Reserve Fund Resource Allocation
Exercise held in the past five years, including the names of each
individual project and its respective result.

Yours faithfully,

C.C. Kan

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Anna SK CHU, Financial Services and the Treasury Bureau Treasury Branch

Dear C C Kan,

Thank you for your email on 23 March 2017 on the application for Access to
Information.

Please be informed that your application has been forwarded to the subject
division for consideration.  

We shall let you know the result of your application once ready.

Thank you for your attention.

Regards,

Mrs Anna Chu
Access Clerk
FSTB (TsyB)
2810 2272

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Anna SK CHU, Financial Services and the Treasury Bureau Treasury Branch

Dear C C Kan,

Thank you for your application for access to information on 23 March 2017.

In order to facilitate us to process your application, we should be
grateful if you would kindly advise the purpose for the request.  We would
like to emphasize that the purpose or non-disclosure of the information
will not affect our decision but will help us to process your request and
provide the requested information in the most proper way.  To quote an
example, if the information is required for preparing a tender submission,
we are obliged to provide it to all bidders or made accessible to all the
bidders by open means to ensure the disclosure of the information would
not harm or prejudice the tender exercise.

We should be grateful if you would let us have your reply on or before 5
April, Wednesday.

Thank you for your attention.

Regards,

Mrs Anna Chu
Access Clerk
FSTB (TsyB)
2810 2272

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Dear Anna SK CHU,

The purpose is for an academic analysis of the entitled mechanism. I have no commercial interest in relation to the capital works.

Thank you.

Yours sincerely,

C.C. Kan

Anna SK CHU, Financial Services and the Treasury Bureau Treasury Branch

Dear C C Kan,

Thank you for your email.

I understand from you that the requested information is only used for
academic and study purpose.  It is used internally and not for preparing a
tender submission.  

Thank you for your attention.

Regards,

Mrs Anna Chu
Access Clerk
FSTB (TsyB)
2810 2272

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Dear Mrs Chu,

Your understanding is correct. Grateful if you could provide an update as to the status of my request. Thank you.

Yours sincerely,

C.C. Kan

Anna SK CHU, Financial Services and the Treasury Bureau Treasury Branch

1 Attachment

Dear C C Kan,
Re. your written request for Financial Circular No. 3/2012 and the results
of Capital Works Reserve Fund Resource Allocation Exercise in the past
five years, and our interim reply of 31 March 2017.  We enclose herewith
the Financial Circular No. 3/2012 for your reference.

Please note that our Bureau has no obligation to inform you of any
amendments to the requested circular subsequently made.

As regards “results of Capital Works Reserve Fund Resource Allocation
Exercise”, we have carefully reviewed your request and are sorry to inform
you that, we are unable to provide the information pursuant to para. 2.8
of the Code on Access to Information (the Code), i.e. “Management of the
economy” and para. 2.10(b) of the Code, i.e. “Internal discussion and
advice”.

We hope you will appreciate that we have endeavoured to provide all the
information which can be released.  If you are not satisfied with the
decision, you may raise a request for internal review by sending an email
to me, or lodge a complaint with The Ombudsman.  Please contact me if you
have any further questions.

Regards,

Mrs Anna Chu
Access Clerk / Senior Clerical Officer (Branch Management)
Treasury Branch
Financial Services and The Treasury Bureau

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Guy Freeman left an annotation ()

Are these exemptions valid? It might be worth appealing the decision if you think they are not.

Dear Mrs Chu,

Thank you for your reply.

This is a request for an internal review of your refusal to provide the "results of Capital Works Reserve Fund Resource Allocation Exercise (RAE)." Both grounds of refusal do not apply to my request.

- "Management of the economy"
The RAE has no direct connection with the monetary policy or financial markets. In addition, disclosing the results could not possibly hamper the ability of the Government to manage the economy. Projects approved under the RAE will generally be publicised by the time it reaches Legco. Therefore your concern could only relate to failed bids. Since failed bids would, by definition, incur no further public expenses, their disclosure could not possibly affect the economy.

- "Internal discussion and advice"
A request can only be refused under this ground if the disclosure might inhibit frankness and candour of the discussion. In this regard, my request does not cover the deliberation process. The results of the RAE do not reflect the individual opinion of the committee members. It is therefore unimaginable how disclosing the results of the RAE will inhibit the frankness of the government officials involved.

You are reminded that according to the relevant guidelines this internal review "should be considered by a directorate officer at least one rank senior to the officer who made the original decision."

Yours sincerely,

C.C. Kan

Anna SK CHU, Financial Services and the Treasury Bureau Treasury Branch

Dear C C Kan,

Thank you for your email on 13 April  2017.

Your request for an internal review of our refusal to provide the "results
of Capital Works Reserve Fund Resource Allocation Exercise (RAE)" is being
considered.

We shall let you know the result of our review once ready.

Thank you for your attention.

Regards,

Mrs Anna Chu
Access Clerk / Senior Clerical Officer (Branch Management)
Treasury Branch
Financial Services and The Treasury Bureau

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