Dear Electrical and Mechanical Services Department,

According to the press release at https://www.mtr.com.hk/archive/corporate..., the MTR Corporation submitted the Executive Review Panel Report on the arson incident which occurred on 10 February 2017 to the HK government on 25 April 2017. However, I could not find a copy of this report on your website.

Please either send a link to this report, or a copy of the report. If you do not hold a copy of the report, please refer this enquiry to whichever government department does.

Yours faithfully,

Guy Freeman

Electrical and Mechanical Services Department

Dear Sir/Madam,

We are handling your Access to Information request dated 17 May 2017.  As
the Executive Review Panel Report on the arson incident which occurred on
10 February 2017 belongs to MTR Corporation Limited, which is a
third-party, we need more time to handle your request. You will be
notified of the progress in due course.  

While we are handling your request with MTR Corporation Limited, we would
like to draw your attention that the "Executive Summary" of the said
report was publicized in MTR website, and it can be obtained at the link
below.

[1]https://www.mtr.com.hk/archive/corporate...

Since the said report was prepared by MTR, you may also contact MTR
Corporation Limited direct for obtaining the report.

Best Regards,
Tommy LAM
Access to Information Officer  
EMSD

寄件者:         Guy Freeman <[FOI #157 email]>
收件者:         FOI requests at Electrical and Mechanical Services
Department <[Electrical and Mechanical Services Department request email]>
日期:         17/05/2017 12:50
主旨:         Freedom of Information request - Executive Review Panel
Report on Arson Incident

--------------------------------------------------------------------------

Dear Electrical and Mechanical Services Department,

According to the press release at
[2]https://www.mtr.com.hk/archive/corporate...,
the MTR Corporation  submitted the Executive Review Panel Report on the
arson incident which occurred on 10 February 2017 to the HK government on
25 April 2017. However, I could not find a copy of this report on your
website.

Please either send a link to this report, or a copy of the report. If you
do not hold a copy of the report, please refer this enquiry to whichever
government department does.

Yours faithfully,

Guy Freeman

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[FOI #157 email]

Is [Electrical and Mechanical Services Department request email] the wrong address for Freedom of Information
requests to Electrical and Mechanical Services Department? If so, please
contact us using this form:
[3]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

================================================================================
IMPORTANT: This electronic transmission and its enclosure, if any, contain
information intended only for the addressee(s) named. Any use,
distribution,
copying or disclosure by any other person in whole or in part is strictly
prohibited. If you receive this transmission in error, please notify the
sender
by e-mail or telephone and delete the message and any attachment from your
system.

Any comments, opinions or other information contained in this transmission
that
do not relate to the official business of the Electrical and Mechanical
Services
Department shall not be construed to be expressed or endorsed by the
Department.
================================================================================

References

Visible links
1. https://www.mtr.com.hk/archive/corporate...
2. https://www.mtr.com.hk/archive/corporate...
3. https://accessinfo.hk/en/change_request/...
4. https://accessinfo.hk/en/help/officers

Dear Electrical and Mechanical Services Department,

Thank you for your update. Can you give me an indication of when you think you will be able to send the Report?

Yours faithfully,

Guy Freeman

Electrical and Mechanical Services Department

Dear Guy,

Application No: AIO/6/5/107
Request for Executive Review Panel Report on Arson Incident

Thank you for your enquiry.  Your request is still being processed. In
accordance with the Code on Access to Information, you will be advised
further in relation to your request on or before 7 Jun 2017.

Best Regards,
Tommy LAM
Access to Information Officer
EMSD

寄件者:         Guy Freeman <[FOI #157 email]>
收件者:         FOI requests at Electrical and Mechanical Services
Department <[Electrical and Mechanical Services Department request email]>
日期:         01/06/2017 14:36
主旨:         Re: 回覆: Freedom of Information request - Executive Review
Panel Report on Arson Incident

--------------------------------------------------------------------------

Dear Electrical and Mechanical Services Department,

Thank you for your update. Can you give me an indication of when you think
you will be able to send the Report?

Yours faithfully,

Guy Freeman

show quoted sections

Electrical and Mechanical Services Department

Dear Guy,
Code on Access to Information Re : Application No.  AIO/6/5/107

I refer to my email dated 1 June 2017 regarding your request for access to
information relating to the Executive Review Panel Report on the Arson
Incident.

I would like to update you that your request is still in process.
 According to para 1.20 of the Code, we need to allow 30 days to seek
consent from 3rd party for release of information (i.e. until 16 June
2017).   We are waiting response from MTR Corporation on the request.  

Should you have any questions in the meantime, please do not hesitate to
contact me.

Best Regards,
Steve CHAN
Access to Information Officer  
EMSD
----- 轉寄者 TS/HQ/EMSD 於 06/06/2017 09:33 -----

寄件者:         TS/HQ/EMSD
收件者:         Guy Freeman <[FOI #157 email]>
日期:         01/06/2017 19:10
主旨:         回覆: Re: 回覆: Freedom of Information request - Executive
Review Panel Report on Arson Incident
寄件者:         ETS1

--------------------------------------------------------------------------

Dear Guy,

Application No: AIO/6/5/107
Request for Executive Review Panel Report on Arson Incident

Thank you for your enquiry.  Your request is still being processed. In
accordance with the Code on Access to Information, you will be advised
further in relation to your request on or before 7 Jun 2017.

Best Regards,
Tommy LAM
Access to Information Officer
EMSD

寄件者:         Guy Freeman <[FOI #157 email]>
收件者:         FOI requests at Electrical and Mechanical Services
Department <[Electrical and Mechanical Services Department request email]>
日期:         01/06/2017 14:36
主旨:         Re: 回覆: Freedom of Information request - Executive Review
Panel Report on Arson Incident

--------------------------------------------------------------------------

Dear Electrical and Mechanical Services Department,

Thank you for your update. Can you give me an indication of when you think
you will be able to send the Report?

Yours faithfully,

Guy Freeman

show quoted sections

Electrical and Mechanical Services Department

Dear Guy,
Code on Access to Information Re : Application No.  AIO/6/5/107
Further to my update to you dated 6 June 2017 as shown below, I regret to
inform you that your request to have a copy of the Executive Review Panel
Report on Arson Incident occurred on 10 Feb 2017 has to be declined.

As the concerned Report is prepared and owned by MTRC, we have referred
your request to them and discussed with them to consider to release the
full report.  However, their response is that the report has to be held in
confidence and shall not be further disclosed.  After careful
consideration of your application,  your request cannot be acceded due to
the information is owned by 3rd party (details can be referred to
paragraph 2.14a of the Code on Access to Information) and consent cannot
be obtained from the owner for disclosure.  In addition, the key findings
mentioned in the Report have been disclosed in an Executive Summary
published in MTRC's webpage.

Please note that, according to paragraph 1.25 of the Code, you have the
right to request the Director of Electrical and Mechanical Services for
review of the above decision.

Should you have any query, please feel free to contact the undersigned.

Best Regards,
Steve CHAN
Access to Information Officer  
EMSD
Tel. 2808 3633
----- 轉寄者 TS/HQ/EMSD 於 19/06/2017 09:06 -----

寄件者:         TS/HQ/EMSD
收件者:         [FOI #157 email]
日期:         06/06/2017 09:38
主旨:         轉寄: 回覆: Re: 回覆: Freedom of Information request -
Executive Review Panel Report on Arson Incident

--------------------------------------------------------------------------

Dear Guy,
Code on Access to Information Re : Application No.  AIO/6/5/107

I refer to my email dated 1 June 2017 regarding your request for access to
information relating to the Executive Review Panel Report on the Arson
Incident.

I would like to update you that your request is still in process.
 According to para 1.20 of the Code, we need to allow 30 days to seek
consent from 3rd party for release of information (i.e. until 16 June
2017).   We are waiting response from MTR Corporation on the request.  

Should you have any questions in the meantime, please do not hesitate to
contact me.

Best Regards,
Steve CHAN
Access to Information Officer  
EMSD
----- 轉寄者 TS/HQ/EMSD 於 06/06/2017 09:33 -----

寄件者:         TS/HQ/EMSD
收件者:         Guy Freeman <[FOI #157 email]>
日期:         01/06/2017 19:10
主旨:         回覆: Re: 回覆: Freedom of Information request - Executive
Review Panel Report on Arson Incident
寄件者:         ETS1

--------------------------------------------------------------------------

Dear Guy,

Application No: AIO/6/5/107
Request for Executive Review Panel Report on Arson Incident

Thank you for your enquiry.  Your request is still being processed. In
accordance with the Code on Access to Information, you will be advised
further in relation to your request on or before 7 Jun 2017.

Best Regards,
Tommy LAM
Access to Information Officer
EMSD

寄件者:         Guy Freeman <[FOI #157 email]>
收件者:         FOI requests at Electrical and Mechanical Services
Department <[Electrical and Mechanical Services Department request email]>
日期:         01/06/2017 14:36
主旨:         Re: 回覆: Freedom of Information request - Executive Review
Panel Report on Arson Incident

--------------------------------------------------------------------------

Dear Electrical and Mechanical Services Department,

Thank you for your update. Can you give me an indication of when you think
you will be able to send the Report?

Yours faithfully,

Guy Freeman

show quoted sections

Dear Electrical and Mechanical Services Department,

Please pass this on to the person who conducts reviews of Access to Information decisions, which I understand to be the Director of Electrical and Mechanical Services.

I am writing to request an internal review of the handling of my request 'Executive Review Panel Report on Arson Incident'. A full history of my request and all correspondence is available on the Internet at this address: https://accessinfo.hk/en/request/executi...

My request was rejected because "the information is owned by 3rd party (details can be referred to
paragraph 2.14a of the Code on Access to Information) and consent cannot be obtained from the owner for disclosure". However, under paragraph 2.14a of the Code, "such information may be disclosed ... if the public interest in disclosure outweighs any harm or prejudice that would result". Have you considered if the public interest outweighs any harm or prejudice from releasing the report? The public interest is in full transparency of the MTR's understanding of why this incident happened and how to prevent it from happening again, or how to better mitigate the consequences of such an event. Releasing only the Executive Summary is not sufficiently transparent. If the report can be shared with your department, why not with the public? I urge you to reconsider.

Thank you for your co-operation so far.

Yours faithfully,

Guy Freeman

Electrical and Mechanical Services Department

Dear Guy,

Your request for our internal review is well received.  

We will process your request according to the Code which will take some
time.   We will advise you our decision within 21 days from the date of
your email (i.e. 28 July 2017).  

Thank you for your kind attention.

Best Regards,
Steve CHAN
Access to Information Officer, EMSD

寄件者:         Guy Freeman <[FOI #157 email]>
收件者:         FOI requests at Electrical and Mechanical Services
Department <[Electrical and Mechanical Services Department request email]>
日期:         07/07/2017 12:16
主旨:         Internal review of Freedom of Information request -
Executive Review Panel Report on Arson Incident

--------------------------------------------------------------------------

Dear Electrical and Mechanical Services Department,

Please pass this on to the person who conducts reviews of Access to
Information decisions, which I understand to be the Director of Electrical
and Mechanical Services.

I am writing to request an internal review of the handling of my request
'Executive Review Panel Report on Arson Incident'. A full history of my
request and all correspondence is available on the Internet at this
address:
[1]https://accessinfo.hk/en/request/executi...

My request was rejected because "the information is owned by 3rd party
(details can be referred to
paragraph 2.14a of the Code on Access to Information) and consent cannot
be obtained from the owner for disclosure". However, under paragraph 2.14a
of the Code, "such information may be disclosed ... if the public interest
in disclosure outweighs any harm or prejudice that would result". Have you
considered if the public interest outweighs any harm or prejudice from
releasing the report? The public interest is in full transparency of the
MTR's understanding of why this incident happened and how to prevent it
from happening again, or how to better mitigate the consequences of such
an event. Releasing only the Executive Summary is not sufficiently
transparent. If the report can be shared with your department, why not
with the public? I urge you to reconsider.

Thank you for your co-operation so far.

Yours faithfully,

Guy Freeman

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #157 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

================================================================================
IMPORTANT: This electronic transmission and its enclosure, if any, contain
information intended only for the addressee(s) named. Any use,
distribution,
copying or disclosure by any other person in whole or in part is strictly
prohibited. If you receive this transmission in error, please notify the
sender
by e-mail or telephone and delete the message and any attachment from your
system.

Any comments, opinions or other information contained in this transmission
that
do not relate to the official business of the Electrical and Mechanical
Services
Department shall not be construed to be expressed or endorsed by the
Department.
================================================================================

References

Visible links
1. https://accessinfo.hk/en/request/executi...
2. https://accessinfo.hk/en/help/officers

Electrical and Mechanical Services Department

1 Attachment

Dear Guy,

Please be informed that our senior management has reviewed your request
and his reply is attached herewith for your information.

Best Regards,
Steve CHAN
Access to Information Officer, EMSD

----- 轉寄者 TS/HQ/EMSD 於 27/07/2017 16:54 -----

寄件者:         TS/HQ/EMSD
收件者:         Guy Freeman <[FOI #157 email]>
副本抄送:         FOI requests at Electrical and Mechanical Services
Department <[Electrical and Mechanical Services Department request email]>
日期:         13/07/2017 18:48
主旨:         回覆: Internal review of Freedom of Information request -
Executive Review Panel Report on Arson Incident

--------------------------------------------------------------------------

Dear Guy,

Your request for our internal review is well received.  

We will process your request according to the Code which will take some
time.   We will advise you our decision within 21 days from the date of
your email (i.e. 28 July 2017).  

Thank you for your kind attention.

Best Regards,
Steve CHAN
Access to Information Officer, EMSD

寄件者:         Guy Freeman <[FOI #157 email]>
收件者:         FOI requests at Electrical and Mechanical Services
Department <[Electrical and Mechanical Services Department request email]>
日期:         07/07/2017 12:16
主旨:         Internal review of Freedom of Information request -
Executive Review Panel Report on Arson Incident

--------------------------------------------------------------------------

Dear Electrical and Mechanical Services Department,

Please pass this on to the person who conducts reviews of Access to
Information decisions, which I understand to be the Director of Electrical
and Mechanical Services.

I am writing to request an internal review of the handling of my request
'Executive Review Panel Report on Arson Incident'. A full history of my
request and all correspondence is available on the Internet at this
address:
[1]https://accessinfo.hk/en/request/executi...

My request was rejected because "the information is owned by 3rd party
(details can be referred to
paragraph 2.14a of the Code on Access to Information) and consent cannot
be obtained from the owner for disclosure". However, under paragraph 2.14a
of the Code, "such information may be disclosed ... if the public interest
in disclosure outweighs any harm or prejudice that would result". Have you
considered if the public interest outweighs any harm or prejudice from
releasing the report? The public interest is in full transparency of the
MTR's understanding of why this incident happened and how to prevent it
from happening again, or how to better mitigate the consequences of such
an event. Releasing only the Executive Summary is not sufficiently
transparent. If the report can be shared with your department, why not
with the public? I urge you to reconsider.

Thank you for your co-operation so far.

Yours faithfully,

Guy Freeman

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #157 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

================================================================================
IMPORTANT: This electronic transmission and its enclosure, if any, contain
information intended only for the addressee(s) named. Any use,
distribution,
copying or disclosure by any other person in whole or in part is strictly
prohibited. If you receive this transmission in error, please notify the
sender
by e-mail or telephone and delete the message and any attachment from your
system.

Any comments, opinions or other information contained in this transmission
that
do not relate to the official business of the Electrical and Mechanical
Services
Department shall not be construed to be expressed or endorsed by the
Department.
================================================================================

References

Visible links
1. https://accessinfo.hk/en/request/executi...
2. https://accessinfo.hk/en/help/officers