Historical Statistics of CSA Sentences
Taura Edgar made this Freedom of Information request to Correctional Services Department
Dear Correctional Services Department,
We request the following statistical information broken down by year from January 2010 through December 2021:
1) The number of child sexual abuse (“CSA”) cases receiving custodial sentences
2) The section and the Ordinance under which the CSA case was sentenced, including but not limited to the following:
a) Crimes Ordinance (Cap 200)
i) Section 47 incest by men
ii) Section 48 Incest by women of or over 16
iii) Section 118 Rape
iv) Section 118A Non-consensual buggery
v) Section 118B Assault with intent to commit buggery
vi) Section 118G Procuring others to commit homosexual buggery
vii) Section 118H Gross indecency with or by man under 21
viii) Section 118I Gross indecency by man with male mentally incapacitated person
ix) Section 118J Gross indecency by man with man otherwise than in private
x) Section 118K Procuring gross indecency by man with man
xi) Section 119 Procurement by threats
xii) Section 120 Procurement by false pretences
xiii) Section 121 Administering drugs to obtain or facilitate unlawful sexual act
xiv) Section 122 Indecent assault
xv) Section 123 Intercourse with girl under 13
xvi) Section 124 Intercourse with girl under 16
xvii) Section 125 Intercourse with mentally incapacitated person
xviii) Section 126 Abduction of unmarried girl under 16
xix) Section 127 Abduction of unmarried girl under 18 for sexual intercourse
xx) Section 128 Abduction of mentally incapacitated person from parent or guardian for sexual act
xxi) Section 129 Trafficking in persons to or from Hong Kong
xxii) Section 130 Control over persons for purpose of unlawful sexual intercourse or prostitution
xxiii) Section 131 Causing prostitution
xxiv) Section 132 Procurement of girl under 21
xxv) Section 133 Procurement of mentally incapacitated person
xxvi) Section 134 Detention for intercourse or in vice establishment
xxvii) Section 135 Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl or boy under 16
xxviii) Section 136 Causing or encouraging prostitution of mentally incapacitated person
xxix) Section 137 Living on earnings of prostitution of others
xxx) Section 138A Use, procurement or offer of persons under 18 for making pornography or for live pornographic performances
xxxi) Section 140 Permitting girl or boy under 13 to resort to or be on premises or vessel for intercourse
xxxii) Section 141 Permitting young person to resort to or be on premises or vessel for intercourse, prostitution, buggery or homosexual act
xxxiii) Section 142 Permitting mentally incapacitated person to resort to or be on premises or vessel for intercourse, prostitution or homosexual act
xxxiv) Section 146 Indecent conduct towards child under 16
xxxv) Section 147 Soliciting for an immoral purpose
xxxvi) Section 148 Indecency in public
xxxvii) Prevention of Child Pornography Ordinance (Cap 579)
3) Length of the sentence broken down by year by offence
4) The gender of the sentenced broken down by year by offence
5) The age of the sentenced at time of offence and or incarceration by year by offence
Regards,
Taura Edgar
https://www.talkhongkong.org/
Dear Sir/ Madam,
Our department has received your application for access to information on
16.6.2022. Your application is now under processing. According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before
6.7.2022. In the meantime, please contact Mr. CHAN Yu-hin at 2582 5192 if
you have any enquiry.
Correctional Services Department
HKSAR
[1]total_caring_c
[2]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: "Taura Edgar" <[FOI #1124 email]>
To: "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date: 16.06.2022 12:00
Subject: Freedom of Information request - Historical Statistics of
CSA Sentences
--------------------------------------------------------------------------
Dear Correctional Services Department,
We request the following statistical information broken down by year from
January 2010 through December 2021:
1) The number of child sexual abuse (“CSA”) cases receiving custodial
sentences
2) The section and the Ordinance under which the CSA case was sentenced,
including but not limited to the following:
a) Crimes Ordinance (Cap 200)
i) Section 47 incest by men
ii) Section 48 Incest by women of or over 16
iii) Section 118 Rape
iv) Section 118A Non-consensual buggery
v) Section 118B Assault with intent to commit buggery
vi) Section 118G Procuring others to commit homosexual buggery
vii) Section 118H Gross indecency with or by man under 21
viii) Section 118I Gross indecency by man with male mentally incapacitated
person
ix) Section 118J Gross indecency by man with man otherwise than in private
x) Section 118K Procuring gross indecency by man with man
xi) Section 119 Procurement by threats
xii) Section 120 Procurement by false pretences
xiii) Section 121 Administering drugs to obtain or facilitate unlawful
sexual act
xiv) Section 122 Indecent assault
xv) Section 123 Intercourse with girl under 13
xvi) Section 124 Intercourse with girl under 16
xvii) Section 125 Intercourse with mentally incapacitated person
xviii) Section 126 Abduction of unmarried girl under 16
xix) Section 127 Abduction of unmarried girl under 18 for sexual
intercourse
xx) Section 128 Abduction of mentally incapacitated person from parent or
guardian for sexual act
xxi) Section 129 Trafficking in persons to or from Hong Kong
xxii) Section 130 Control over persons for purpose of unlawful sexual
intercourse or prostitution
xxiii) Section 131 Causing prostitution
xxiv) Section 132 Procurement of girl under 21
xxv) Section 133 Procurement of mentally incapacitated person
xxvi) Section 134 Detention for intercourse or in vice establishment
xxvii) Section 135 Causing or encouraging prostitution of, intercourse
with, or indecent assault on, girl or boy under 16
xxviii) Section 136 Causing or encouraging prostitution of mentally
incapacitated person
xxix) Section 137 Living on earnings of prostitution of others
xxx) Section 138A Use, procurement or offer of persons under 18 for making
pornography or for live pornographic performances
xxxi) Section 140 Permitting girl or boy under 13 to resort to or be on
premises or vessel for intercourse
xxxii) Section 141 Permitting young person to resort to or be on premises
or vessel for intercourse, prostitution, buggery or homosexual act
xxxiii) Section 142 Permitting mentally incapacitated person to resort to
or be on premises or vessel for intercourse, prostitution or homosexual
act
xxxiv) Section 146 Indecent conduct towards child under 16
xxxv) Section 147 Soliciting for an immoral purpose
xxxvi) Section 148 Indecency in public
xxxvii) Prevention of Child Pornography Ordinance (Cap 579)
3) Length of the sentence broken down by year by offence
4) The gender of the sentenced broken down by year by offence
5) The age of the sentenced at time of offence and or incarceration by
year by offence
Regards,
Taura Edgar
[3]https://www.talkhongkong.org/
-------------------------------------------------------------------
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 #1124 email]
Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[4]https://accessinfo.hk/en/change_request/...
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Dear Sir/ Madam,
Our department has received your application for access to information on
16.6.2022 and our interim reply to you on 24.6.2022. Your application is
still under processing as it requires extensive research of our database.
According to paragraph 1.18 of the Code on Access to Information, our
department will inform you of the latest progress of the case separately
on or before 5.8.2022. In the meantime, please contact Mr. CHAN Yu-hin at
2582 5192 if you have any enquiry.
Correctional Services Department
HKSAR
[1]total_caring_c
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: "Taura Edgar" <[FOI #1124 email]>
To: "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date: 16.06.2022 12:00
Subject: Freedom of Information request - Historical Statistics of
CSA Sentences
--------------------------------------------------------------------------
Dear Correctional Services Department,
We request the following statistical information broken down by year from
January 2010 through December 2021:
1) The number of child sexual abuse (“CSA”) cases receiving custodial
sentences
2) The section and the Ordinance under which the CSA case was sentenced,
including but not limited to the following:
a) Crimes Ordinance (Cap 200)
i) Section 47 incest by men
ii) Section 48 Incest by women of or over 16
iii) Section 118 Rape
iv) Section 118A Non-consensual buggery
v) Section 118B Assault with intent to commit buggery
vi) Section 118G Procuring others to commit homosexual buggery
vii) Section 118H Gross indecency with or by man under 21
viii) Section 118I Gross indecency by man with male mentally incapacitated
person
ix) Section 118J Gross indecency by man with man otherwise than in private
x) Section 118K Procuring gross indecency by man with man
xi) Section 119 Procurement by threats
xii) Section 120 Procurement by false pretences
xiii) Section 121 Administering drugs to obtain or facilitate unlawful
sexual act
xiv) Section 122 Indecent assault
xv) Section 123 Intercourse with girl under 13
xvi) Section 124 Intercourse with girl under 16
xvii) Section 125 Intercourse with mentally incapacitated person
xviii) Section 126 Abduction of unmarried girl under 16
xix) Section 127 Abduction of unmarried girl under 18 for sexual
intercourse
xx) Section 128 Abduction of mentally incapacitated person from parent or
guardian for sexual act
xxi) Section 129 Trafficking in persons to or from Hong Kong
xxii) Section 130 Control over persons for purpose of unlawful sexual
intercourse or prostitution
xxiii) Section 131 Causing prostitution
xxiv) Section 132 Procurement of girl under 21
xxv) Section 133 Procurement of mentally incapacitated person
xxvi) Section 134 Detention for intercourse or in vice establishment
xxvii) Section 135 Causing or encouraging prostitution of, intercourse
with, or indecent assault on, girl or boy under 16
xxviii) Section 136 Causing or encouraging prostitution of mentally
incapacitated person
xxix) Section 137 Living on earnings of prostitution of others
xxx) Section 138A Use, procurement or offer of persons under 18 for making
pornography or for live pornographic performances
xxxi) Section 140 Permitting girl or boy under 13 to resort to or be on
premises or vessel for intercourse
xxxii) Section 141 Permitting young person to resort to or be on premises
or vessel for intercourse, prostitution, buggery or homosexual act
xxxiii) Section 142 Permitting mentally incapacitated person to resort to
or be on premises or vessel for intercourse, prostitution or homosexual
act
xxxiv) Section 146 Indecent conduct towards child under 16
xxxv) Section 147 Soliciting for an immoral purpose
xxxvi) Section 148 Indecency in public
xxxvii) Prevention of Child Pornography Ordinance (Cap 579)
3) Length of the sentence broken down by year by offence
4) The gender of the sentenced broken down by year by offence
5) The age of the sentenced at time of offence and or incarceration by
year by offence
Regards,
Taura Edgar
[2]https://www.talkhongkong.org/
-------------------------------------------------------------------
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 #1124 email]
Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional 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.
-------------------------------------------------------------------
References
Visible links
2. https://www.talkhongkong.org/
3. https://accessinfo.hk/en/change_request/...
4. https://accessinfo.hk/en/help/officers
Many thanks. We would be very thankful to receive the data before July 2oth if at all possible. In either case the data will be meaningful for our report.
Dear Sir/ Madam,
I refer to your application for access to information under the Code on
Access to Information (“the Code”) to this Department on 16.6.2022 and our
interim replies to you on 24.6.2022 and 6.7.2022.
Please be informed that we do not maintain the statistical information
specified in your request. Pursuant to paragraph 1.14 and 2.9(d) of the
Code, your request could not be acceded to.
You may also wish to note that, pursuant to paragraph 1.25 of the Code,
any person who believes that a department has failed to comply with any
provision of the Code may ask the department to review the situation.
Furthermore, pursuant to paragraph 1.26 of the Code, any person who
believes that a department has failed to properly apply any provision of
the Code may also complain to The Ombudsman. The Ombudsman’s address is –
30/F, China Merchants Tower,
Shun Tak Centre,
168-200 Connaught Road Central,
Hong Kong
Telephone: 2629 0555
Fax: 2882 8149
Correctional Services Department
HKSAR
[1]total_caring_c
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: email CSD/CSD/HKSARG
To: "Taura Edgar" <[FOI #1124 email]>
Date: 06.07.2022 15:12
Subject: Freedom of Information request - Historical Statistics of
CSA Sentences - Enquiry treated as an Application under the Code on Access
to Information
Dear Sir/ Madam,
Our department has received your application for access to information on
16.6.2022. Your application is now under processing. According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before
6.7.2022. In the meantime, please contact Mr. CHAN Yu-hin at 2582 5192 if
you have any enquiry.
Correctional Services Department
HKSAR
[3]total_caring_c
[4]https://csdportal.csd.hksarg/images/cari...
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: "Taura Edgar" <[FOI #1124 email]>
To: "FOI requests at Correctional Services Department"
<[Correctional Services Department request email]>
Date: 16.06.2022 12:00
Subject: Freedom of Information request - Historical Statistics of
CSA Sentences
--------------------------------------------------------------------------
Dear Correctional Services Department,
We request the following statistical information broken down by year from
January 2010 through December 2021:
1) The number of child sexual abuse (“CSA”) cases receiving custodial
sentences
2) The section and the Ordinance under which the CSA case was sentenced,
including but not limited to the following:
a) Crimes Ordinance (Cap 200)
i) Section 47 incest by men
ii) Section 48 Incest by women of or over 16
iii) Section 118 Rape
iv) Section 118A Non-consensual buggery
v) Section 118B Assault with intent to commit buggery
vi) Section 118G Procuring others to commit homosexual buggery
vii) Section 118H Gross indecency with or by man under 21
viii) Section 118I Gross indecency by man with male mentally incapacitated
person
ix) Section 118J Gross indecency by man with man otherwise than in private
x) Section 118K Procuring gross indecency by man with man
xi) Section 119 Procurement by threats
xii) Section 120 Procurement by false pretences
xiii) Section 121 Administering drugs to obtain or facilitate unlawful
sexual act
xiv) Section 122 Indecent assault
xv) Section 123 Intercourse with girl under 13
xvi) Section 124 Intercourse with girl under 16
xvii) Section 125 Intercourse with mentally incapacitated person
xviii) Section 126 Abduction of unmarried girl under 16
xix) Section 127 Abduction of unmarried girl under 18 for sexual
intercourse
xx) Section 128 Abduction of mentally incapacitated person from parent or
guardian for sexual act
xxi) Section 129 Trafficking in persons to or from Hong Kong
xxii) Section 130 Control over persons for purpose of unlawful sexual
intercourse or prostitution
xxiii) Section 131 Causing prostitution
xxiv) Section 132 Procurement of girl under 21
xxv) Section 133 Procurement of mentally incapacitated person
xxvi) Section 134 Detention for intercourse or in vice establishment
xxvii) Section 135 Causing or encouraging prostitution of, intercourse
with, or indecent assault on, girl or boy under 16
xxviii) Section 136 Causing or encouraging prostitution of mentally
incapacitated person
xxix) Section 137 Living on earnings of prostitution of others
xxx) Section 138A Use, procurement or offer of persons under 18 for making
pornography or for live pornographic performances
xxxi) Section 140 Permitting girl or boy under 13 to resort to or be on
premises or vessel for intercourse
xxxii) Section 141 Permitting young person to resort to or be on premises
or vessel for intercourse, prostitution, buggery or homosexual act
xxxiii) Section 142 Permitting mentally incapacitated person to resort to
or be on premises or vessel for intercourse, prostitution or homosexual
act
xxxiv) Section 146 Indecent conduct towards child under 16
xxxv) Section 147 Soliciting for an immoral purpose
xxxvi) Section 148 Indecency in public
xxxvii) Prevention of Child Pornography Ordinance (Cap 579)
3) Length of the sentence broken down by year by offence
4) The gender of the sentenced broken down by year by offence
5) The age of the sentenced at time of offence and or incarceration by
year by offence
Regards,
Taura Edgar
[5]https://www.talkhongkong.org/
-------------------------------------------------------------------
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 #1124 email]
Is [Correctional Services Department request email] the wrong address for Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[6]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:
[7]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.
-------------------------------------------------------------------
References
Visible links
5. https://www.talkhongkong.org/
6. https://accessinfo.hk/en/change_request/...
7. https://accessinfo.hk/en/help/officers
Dear CSD,
If the CSD does not maintain records of the crimes and sentence lengths of PIC, who does? Someone must in order to know when to release them or who is referred to the ETU.
Sincerely,
Taura Edgar
www.talkhongkong.org
Dear Sir/ Madam,
Your email of 22.7.2022 refers.
It is reiterated that your request for information under the Code on
Access to Information ("the Code") dated 16.6.2022 could not be acceded to
pursuant to para. 1.14 and 2.9(d) of the Code.
Correctional Services Department
HKSAR
[1]total_caring_c
Important Note
“This official document is for the use by the intended recipient only. Any
unauthorized use, retention, disclosure, copying, printing, forwarding or
dissemination of this official document is strictly prohibited and may
lead to civil or criminal liabilities. If you are not the intended
recipient of this official document, you are required to promptly restore
this official document to the sender and destroy any copies of this
official document. Please notify the sender immediately if you have
received this official document in error.”
From: "Taura Edgar" <[FOI #1124 email]>
To: "email CSD" <[Correctional Services Department request email]>
Date: 22.07.2022 14:44
Subject: Re: Freedom of Information request - Historical Statistics
of CSA Sentences - Enquiry treated as an Application under the Code on
Access to Information
Dear Correctional Services Department,
We request the following statistical information broken down by year from
January 2010 through December 2021:
1) The number of child sexual abuse (“CSA”) cases receiving custodial
sentences
2) The section and the Ordinance under which the CSA case was sentenced,
including but not limited to the following:
a) Crimes Ordinance (Cap 200)
i) Section 47 incest by men
ii) Section 48 Incest by women of or over 16
iii) Section 118 Rape
iv) Section 118A Non-consensual buggery
v) Section 118B Assault with intent to commit buggery
vi) Section 118G Procuring others to commit homosexual buggery
vii) Section 118H Gross indecency with or by man under 21
viii) Section 118I Gross indecency by man with male mentally incapacitated
person
ix) Section 118J Gross indecency by man with man otherwise than in private
x) Section 118K Procuring gross indecency by man with man
xi) Section 119 Procurement by threats
xii) Section 120 Procurement by false pretences
xiii) Section 121 Administering drugs to obtain or facilitate unlawful
sexual act
xiv) Section 122 Indecent assault
xv) Section 123 Intercourse with girl under 13
xvi) Section 124 Intercourse with girl under 16
xvii) Section 125 Intercourse with mentally incapacitated person
xviii) Section 126 Abduction of unmarried girl under 16
xix) Section 127 Abduction of unmarried girl under 18 for sexual
intercourse
xx) Section 128 Abduction of mentally incapacitated person from parent or
guardian for sexual act
xxi) Section 129 Trafficking in persons to or from Hong Kong
xxii) Section 130 Control over persons for purpose of unlawful sexual
intercourse or prostitution
xxiii) Section 131 Causing prostitution
xxiv) Section 132 Procurement of girl under 21
xxv) Section 133 Procurement of mentally incapacitated person
xxvi) Section 134 Detention for intercourse or in vice establishment
xxvii) Section 135 Causing or encouraging prostitution of, intercourse
with, or indecent assault on, girl or boy under 16
xxviii) Section 136 Causing or encouraging prostitution of mentally
incapacitated person
xxix) Section 137 Living on earnings of prostitution of others
xxx) Section 138A Use, procurement or offer of persons under 18 for making
pornography or for live pornographic performances
xxxi) Section 140 Permitting girl or boy under 13 to resort to or be on
premises or vessel for intercourse
xxxii) Section 141 Permitting young person to resort to or be on premises
or vessel for intercourse, prostitution, buggery or homosexual act
xxxiii) Section 142 Permitting mentally incapacitated person to resort to
or be on premises or vessel for intercourse, prostitution or homosexual
act
xxxiv) Section 146 Indecent conduct towards child under 16
xxxv) Section 147 Soliciting for an immoral purpose
xxxvi) Section 148 Indecency in public
xxxvii) Prevention of Child Pornography Ordinance (Cap 579)
3) Length of the sentence broken down by year by offence
4) The gender of the sentenced broken down by year by offence
5) The age of the sentenced at time of offence and or incarceration by
year by offence
Regards,
Taura Edgar
[5][4]https://www.talkhongkong.org/
-------------------------------------------------------------------
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 #1124 email]
Is [Correctional Services Department request email] the wrong address for
Freedom of Information requests
to Correctional Services Department? If so, please contact us using this
form:
[6][5]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:
[7][6]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.
-------------------------------------------------------------------
References
Visible links
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6.
[8]https://accessinfo.hk/en/change_request/...
7. [9]https://accessinfo.hk/en/help/officers
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1124 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]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.
-------------------------------------------------------------------
References
Visible links
2. file:///tmp/www.talkhongkong.org
3. https://csdportal.csd.hksarg/images/cari...
4. https://www.talkhongkong.org/
5. https://accessinfo.hk/en/change_request/...
6. https://accessinfo.hk/en/help/officers
7. https://www.talkhongkong.org/
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Taura Edgar left an annotation ()
The CSD refused this request on the grounds that it would be an unreasonable diversion of a department's resources.
https://www.access.gov.hk/en/codeonaccto...
1.14
The Code does not oblige departments to -
acquire information not in their possession
create a record which does not exist
provide on request information which is already published, either free or at a charge, or
provide information available through an existing charged service.
In these circumstances, an applicant for information will, where possible, be directed to the appropriate source of the information.
2.9(d
Information which could only be made available by unreasonable diversion of a department's resources.