Draft on govt info disclosure too vague

Chinese Premier Li Keqiang speaks at the Central Urban Work Conference in Beijing, Dec 22, 2015.[Photo/Xinhua]

A DRAFT AMENDMENT to the 2008 regulation on government information disclosure has been issued by the State Council, China's Cabinet, to solicit public opinions. Southern Metropolis Daily commented on Monday:

It is praiseworthy that the draft does not shun questions over the increasing public calls for government information and the obligation of government organs to disclose it.

The constant disclosure "tussle" between people who want to know more about local governance and civil servants wary of divulging sensitive information has, in fact, found expression in the making and revision of relevant legal codes.

That explains why the latest draft reiterates the principle that government information disclosure should be the norm and nondisclosure exceptional. For that to have teeth, legislative revisions are needed to clarify what is eligible for disclosure and what is not.

There should be little controversy over the information subject to specially designed laws and regulations that is not to be made public under any circumstances. On the other hand, government information that risks "endangering national security, economic security, and social stability", yet can be disclosed in the appropriate circumstances, is often inaccessible.

The draft amendment is right to clarify that the disclosure, if deemed by same-level local governments as a potential threat to public security and social stability or the implementation of key financial policies, will not have to be made.

The vague wording and the lack of concrete criteria, however, may leave room for government departments not to make public information that they should. What constitutes potential security threats and the same-level governments' authority in deciding what to disclose, is not set out clearly enough to convince people that the right to withhold critical information is not being abused. Public supervision of government may be kept at bay in this way.

Making public government information is now a step that cannot be taken back. The disclosure of government information may be better decided by the top legislative body, the Standing Committee of the National People's Congress, rather than the governments themselves.