Hostel Development Fund (HDF)

C.C. Kan made this Freedom of Information request to University Grants Committee Secretariat

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

1 follower

The authority would like to / has responded by postal mail to this request.

Dear University Grants Committee Secretariat,

I refer to the Hostel Development Fund (HDF) as established by Finance Committee resolution FCR(2018-19)35.

I wish to request a copy of:

(i) the Master Hostel Development Plans submitted by the six UGC-funded universities with student hostel shortfalls to the Government in February 2018, and

(ii) the service agreement signed between individual universities concerned and the UGC Secretariat under the HDF.

Yours faithfully,

C.C. Kan

I am out of the office until 03/11/2018.

Note: This is an automated response to your message "Freedom of Information
request - Hostel Development Fund (HDF)" sent on 02.11.2018 01:15:15.

This is the only notification you will receive while this person is away.

Dear C.C. Kan,

Please be informed that we are still processing your request for
information under the Code on Access to Information. A substantive reply
will be made as soon as possible. Thank you.

University Grants Committee Secretariat

From: "C.C. Kan" <[FOI #323 email]>
To: FOI requests at University Grants Committee Secretariat
<[University Grants Committee Secretariat request email]>,
Date: 02/11/2018 01:15
Subject: Freedom of Information request - Hostel Development Fund
(HDF)

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

Dear University Grants Committee Secretariat,

I refer to the Hostel Development Fund (HDF) as established by Finance
Committee resolution FCR(2018-19)35.

I wish to request a copy of:

(i) the Master Hostel Development Plans submitted by the six UGC-funded
universities with student hostel shortfalls to the Government in February
2018, and

(ii) the service agreement signed between individual universities
concerned and the UGC Secretariat under the HDF.

Yours faithfully,

C.C. Kan

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

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the accessinfo.hk website.

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[FOI #323 email]

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Dear C.C. Kan,

Please be informed that we are still processing your request for
information under the Code on Access to Information. We will provide the
substantive reply to you as soon as possible. Thank you.

University Grants Committee Secretariat

From: UGC Enquiry/UGC/HKSARG
To: "C.C. Kan" <[FOI #323 email]>
Date: 2018/11/09 下午 04:52
Subject: Freedom of Information request - Hostel Development Fund
(HDF)

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

Dear C.C. Kan,

Please be informed that we are still processing your request for
information under the Code on Access to Information. A substantive reply
will be made as soon as possible. Thank you.

University Grants Committee Secretariat

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

Dear University Grants Committee Secretariat,

I refer to the Hostel Development Fund (HDF) as established by Finance
Committee resolution FCR(2018-19)35.

I wish to request a copy of:

(i) the Master Hostel Development Plans submitted by the six UGC-funded
universities with student hostel shortfalls to the Government in February
2018, and

(ii) the service agreement signed between individual universities
concerned and the UGC Secretariat under the HDF.

Yours faithfully,

C.C. Kan

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

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 #323 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.

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

References

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

Dear C.C. Kan,

I refer to your request made under the Code on Access to
Information (the Code) on 2 November 2018 regarding the information on the
Hostel Development Fund (HDF). Further to our interim replies on 9 and 22
November 2018, we would like to reply as follows:

The University Grants Committee (UGC) Secretariat is now preparing
the service agreements to be signed between the Government and individual
universities. Your request for information has been considered thoroughly
according to the Code. Having taken into account paragraph 2.17 on
premature requests in Part 2 of the Code, please be advised that the
master hostel development plans and the service agreements are not
available for release at the moment.

If you are not satisfied with the above decision, you may ask this
Department to review the decision by writing to the Secretary-General, UGC
to review the decision. Alternatively, you may complain to The Ombudsman,
whose address is –

30/F, China Merchants Tower, Shun Tak Centre
168-200 Connaught Road Central, Hong Kong
Tel: 2629 0555
Fax: 2882 8149

University Grants Committee Secretariat

From: UGC Enquiry/UGC/HKSARG
To: "C.C. Kan" <[FOI #323 email]>
Date: 2018/11/22 上午 11:15
Subject: Re: Freedom of Information request - Hostel Development
Fund (HDF)

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

Dear C.C. Kan,

Please be informed that we are still processing your request for
information under the Code on Access to Information. We will provide the
substantive reply to you as soon as possible. Thank you.

University Grants Committee Secretariat

From: UGC Enquiry/UGC/HKSARG
To: "C.C. Kan" <[FOI #323 email]>
Date: 2018/11/09 下午 04:52
Subject: Freedom of Information request - Hostel Development Fund
(HDF)

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

Dear C.C. Kan,

Please be informed that we are still processing your request for
information under the Code on Access to Information. A substantive reply
will be made as soon as possible. Thank you.

University Grants Committee Secretariat

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

Dear University Grants Committee Secretariat,

I refer to the Hostel Development Fund (HDF) as established by Finance
Committee resolution FCR(2018-19)35.

I wish to request a copy of:

(i) the Master Hostel Development Plans submitted by the six UGC-funded
universities with student hostel shortfalls to the Government in February
2018, and

(ii) the service agreement signed between individual universities
concerned and the UGC Secretariat under the HDF.

Yours faithfully,

C.C. Kan

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

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 #323 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.

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

References

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

Dear University Grants Committee Secretariat,

Please pass this on to Secretary-General.

I am writing to request an internal review of University Grants Committee Secretariat's handling of my Code on Access to Information (Code) request 'Hostel Development Fund (HDF)'.

Grounds of review:

(i) Review against the refusal to provide the Master Hostel Development (MHD) Plans

Para 2.17 of the Code was cited as the sole reason for refusal of my request. The relevant part of the Guidelines on Interpretation and Application (Guidelines) provides:

"This provision may be used to protect information which will be published by the department within 60 days after the request is made. Factors to consider in determining whether to make use of this provision would be a planned publication/announcement date and evidence that release of certain information before that date would damage the impact of the planned publication/announcement and would not therefore be in the public interest." (para 2.17.1)

I am not aware of any planned publication/announcement date for the MHD plans. The existence of the MHD plans has been announced already. For instance, the Finance Committee resolution I quoted in my request refers:

"The six UGC-funded universities with student hostel shortfalls submitted to the Government in February 2018 their Master Hostel Development Plans (MHD Plans) which proposed 15 hostel projects with 13 473 hostel places in total."

As you know, that resolution was passed on 7 July 2018. It follows that release of the MHD plans would not damage any impact of the planned publication/announcement. Furthermore, disclosure would be in the public interest as it informs the public of the details of public works.

Alternatively, if there is a planned publication/announcement date, I refer to para 2.17.2 of the Guidelines, which provides:

"The restriction is however a temporary one since the record containing the information will be a public document once it is published/announced. The applicant should be informed of the position and given an indication of the expected publication/announcement date."

Pursuant to this provision, please inform me of the expected publication/announcement date of the MHD plans.

(ii) Review against the refusal to provide the service agreements

Pursuant to para 2.17.2 of the Guidelines, please provide a timeframe for the expected completion of the service agreements.

(iii) Review against delay and failure to explain said delay

Para 1.18 of the Code states:

"Response may be deferred beyond twenty-one days only in exceptional circumstances, which should be explained to the applicant."

I note that the UGC Secretariat took 27 days to provide a substantive reply in this case, which is 6 days beyond the limit in the Code.

Alternatively, if exceptional circumstances existed, they were not "explained to the applicant". The failure to explain constitutes a breach of the Code.

In either case, please inform me of the detailed reasons for the delay and for the breaches of the Code.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://accessinfo.hk/en/request/hostel_...

I look forward to hearing from the Secretary-General.

Yours faithfully,

C.C. Kan

Dear Sir/Madam,

This is to acknowledge receipt of your email and we will get back to you
shortly.

University Grants Committee Secretariat

From: "C.C. Kan" <[FOI #323 email]>
To: FOI requests at University Grants Committee Secretariat
<[University Grants Committee Secretariat request email]>
Date: 30/11/2018 02:49
Subject: Internal review of Freedom of Information request - Hostel
Development Fund (HDF)

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

Dear University Grants Committee Secretariat,

Please pass this on to Secretary-General.

I am writing to request an internal review of University Grants Committee
Secretariat's handling of my Code on Access to Information (Code) request
'Hostel Development Fund (HDF)'.

Grounds of review:

(i) Review against the refusal to provide the Master Hostel Development
(MHD) Plans

Para 2.17 of the Code was cited as the sole reason for refusal of my
request. The relevant part of the Guidelines on Interpretation and
Application (Guidelines) provides:

"This provision may be used to protect information which will be published
by the department within 60 days after the request is made. Factors to
consider in determining whether to make use of this provision would be a
planned publication/announcement date and evidence that release of certain
information before that date would damage the impact of the planned
publication/announcement and would not therefore be in the public
interest." (para 2.17.1)

I am not aware of any planned publication/announcement date for the MHD
plans. The existence of the MHD plans has been announced already. For
instance, the Finance Committee resolution I quoted in my request refers:

"The six UGC-funded universities with student hostel shortfalls submitted
to the Government in February 2018 their Master Hostel Development Plans
(MHD Plans) which proposed 15 hostel projects with 13 473 hostel places in
total."

As you know, that resolution was passed on 7 July 2018. It follows that
release of the MHD plans would not damage any impact of the planned
publication/announcement. Furthermore, disclosure would be in the public
interest as it informs the public of the details of public works.

Alternatively, if there is a planned publication/announcement date, I
refer to para 2.17.2 of the Guidelines, which provides:

"The restriction is however a temporary one since the record containing
the information will be a public document once it is published/announced.
The applicant should be informed of the position and given an indication
of the expected publication/announcement date."

Pursuant to this provision, please inform me of the expected
publication/announcement date of the MHD plans.

(ii) Review against the refusal to provide the service agreements

Pursuant to para 2.17.2 of the Guidelines, please provide a timeframe for
the expected completion of the service agreements.

(iii) Review against delay and failure to explain said delay

Para 1.18 of the Code states:

"Response may be deferred beyond twenty-one days only in exceptional
circumstances, which should be explained to the applicant."

I note that the UGC Secretariat took 27 days to provide a substantive
reply in this case, which is 6 days beyond the limit in the Code.

Alternatively, if exceptional circumstances existed, they were not
"explained to the applicant". The failure to explain constitutes a breach
of the Code.

In either case, please inform me of the detailed reasons for the delay and
for the breaches of the Code.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[1]https://accessinfo.hk/en/request/hostel_...

I look forward to hearing from the Secretary-General.

Yours faithfully,

C.C. Kan

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #323 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.

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

References

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

Dear C.C. Kan,

I refer to your request for an internal review made under the Code
on Access to Information (the Code) on 30 November 2018 regarding our
refusal to provide you with a copy of the Master Hostel Development (MHD)
Plans submitted by universities and the signed service agreements under
the Hostel Development Fund. The Secretary-General, University Grants
Committee (UGC) has reviewed the decision and I have been asked to reply
on his behalf.

According to our records, we have provided our substantive reply
to you on 29 November 2018 after two interim replies sent to you on 9 and
22 November advising that your request dated 2 November 2018 was being
processed and a substantive reply would be made as soon as possible. The
longer processing time for your request was due to need to seek advice on
this case from another Government department.

As mentioned in our reply to you on 29 November, UGC Secretariat is now
preparing the service agreements (with the MHD Plans as part of the
agreements) to be signed between the Government and individual
universities. Based on paragraph 2.17 on premature requests in Part 2 of
the Code, the MHD plans and the service agreements are not available for
release at the moment. The UGC Secretariat is now finalising the
documents and will arrange signing of service agreements and release of
capital grants to the universities concerned as soon as possible. The
documents under request may be considered for release to the public after
completion of the above process.

If you are not satisfied with the above decision, you may complain to
The Ombudsman, whose address is –

30/F, China Merchants Tower, Shun Tak Centre
168-200 Connaught Road Central, Hong Kong
Tel: 2629 0555
Fax: 2882 8149

If you have further enquiries, please free feel to contact me at
2844 9946.

Fiona Lee
SEO(C)
University Grants Committee Secretariat