香港特区的政府资讯公开——以免费电视牌照事件为文本的分析

Government Information Disclosure in Hong Kong SAR——Analysis of Free TV licenses Event

曾有学者评价香港特区是一个"回避法定知情权的开放政府"。1这一独特的制度究竟是如何运作的,颇令人好奇。2013年,免费电视牌照事件持续发酵,一波三折。透过该事件,可以看到立法机关脱离了行政机关,变成行政机关的监察者、制衡者与竞争者;独立的司法机关的政治影响力也越来越大。如何处理好保密与公开的关系、处理好行政效率与公众利益的关系,如何更能回应民众诉求,如何进一步提升施政能力和水平,都是摆在政府面前的重大课题。

Once by a scholar, Hong Kong SAR is said to be ‘an open government avoiding the legal right to know’. The operation mode of such a particular system causes curiosity. During my tour in Hong Kong in 2013, the free TV licenses event continued fermentation with twists and turns. Through this event it can be discovered that the legislature changes from an administrative body to the supervisor, balancer and competitor of administrative bodies, as well as the independent judiciary gains more and more political influence. Therefore, there are many major tasks placed in front of the government, such as the relationship between information closure and disclosure, the relationship between administrative efifciency and public interest, the response to the requirement of citizens, and the improvement of governance ability and level, etc.