1. Xinmin Evening News: I’m from Xinmin Evening News. I’ve three questions.
The first question is for Mr Liu Jian from the city information technology
commission. The citizens find it difficult to understand some government
policies and documents. Are there some channels to help them understand? The
second question is for Mr Liu Ping from the city government’s legal affairs
office. The program of disclosing government information has involved many cases
on administrative lawsuit and administrative reconsideration, could you give us
a general picture of the program? The third question is for the government
spokesman. The other day, I was trying to get the number of people covered by
the agreement insurance program in the city and called the labor department. An
employee answering the phone said their leader had to be consulted before giving
me an answer. When I called again half an hour later, he asked me what on earth
I asked the question for. I felt at that moment that I was embarrassing him and
decided to quit. I told him that“okay, you may refuse to answer the question if
it was hard on you.”What do you think of this incidence? Thank you!
Liu Jian: Good question. This is where we should put more efforts next. It’s
been four years since we launched the government information disclosing program
where we’ve done a lot of work to give more details and develop more channels.
Your question is actually about how to improve the quality of this service.
There remains a question for the public how to interpret the regulations the
government releases, including those documents on regulations and policies. Next
we’re planning to interpret those documents loaded with technical terms and
policy jargons. For example, we may adopt the popular form of Q&A. For
documents on regulations, we will publish notes explaining the drafting of these
documents.
Liu Jian: Ok, something about disclosing government information on
administrative lawsuit and reconsideration. The local citizens have participated
actively in the program. Other provinces were earlier than Shanghai in
initiating the program, but citizens there have made fewer requests on making
public government information and the governments face a smaller pressure than
us. The number of administrative reconsideration cases requested for open
information was 112 in 2006 and 227 in 2007, accounting for 60.2 percent and
67.2 percent, respectively, of the total number the city government handled
within the year. Of course, there have been, relatively speaking, fewer
administrative lawsuits, which totaled 154 in the past four years, a small
proportion in all the administrative lawsuits. We consider this as a good
phenomenon, in that:
One, it shows that the public has a strong sense of
upholding their rights through legal channels.
Two, the administrative
reconsideration and lawsuit are part of a good mechanism to promote
administration in line with laws and regulate administrative manners. These
measures can uncover illegal and improper administrative actions, which are then
to be rectified. The program has an obvious effect of“back-pressuring.”
Chen Qiwei: I also came across the problem when I was working in the media
before. Firstly, I suggest you contact the spokesperson for each government
department before you start an interview. Most of the departments have a
spokesperson who is obliged to answer the reporters’questions.
Secondly, I
think the government departments should realize the importance of the open
information system. Today’s People’s Daily published an exclusive interview of
Shanghai Mayor Han Zheng, who voiced his clear standpoint on the system. When
we’re having the press conference here, the mayor is answering questions about
the system face-to-face from the citizens and Netizens on the city government’s
portal Website. So I think the departments must all do their part for the open
information system.
2. ICS: I’m from ICS When Mr Liu Ping introduced the information disclosing
program, he said disclosing is the principle with exceptions of holding back.
How shall we differ the information that can be made known from what cannot? The
second question is for Mr Liu Jian. There are many channels to make public the
government information but the citizens are not clear about them. Is it possible
to rearrange the current channels and develop more channels? The third question
is, there are more and more expatriates in the city, and what shall we do to
make sure the information is open for them?
Liu Ping: Thank you for the professional questions. It is a quite popular way
to say“disclosing is the principle with exceptions of holding back.”In fact,
when saying disclosing is the principle, we mean the government information to
include: one, the public information, which doesn’t concern a certain individual
but applies to all the public or many people; and two, individuals’information,
which refers to the information on a certain individual or enterprise. For these
two types of information I think it is easy to tell the difference. We make
public the first type of information as much as possible, following the rule
of“disclosing is the principle with exceptions of holding back.”The information
that we cannot make public includes: one, state secrets; two, information that
concerns state security, economic security, public security and social
stability. The individuals’information, if it is a commercial secret or personal
privacy, will be covered by the rule of“disclosing is the principle with
exceptions of holding back.”The National People’s Congress is drafting the Law
on Protection of Personal Information, and commercial secrets and personal
privacy are not to be made public. Of course, there are exceptions to this rule
too, such as, one, the person involved consents (to disclosing the information);
two, the information also concerns public interest, that is, the administrative
departments are in a position to make it public if the protection of public
interests prevails over protection of the your commercial secret or privacy. For
example, in case of an emergency, like a suspected food and drugs problem that
is still under investigation, the government can make it public because it is
related to safety of people’s life. This is what is called“exception of making
public.”So generally speaking, we make public as much information as possible
and keep a small proportion secret while make public the remaining part of the
government information upon request. Thank you.
Liu Jian: You asked about the channels, and our plan can be summarized
as:
One, to improve. We’ve eight channels now, including the government
spokesperson system, government portal Website, Citizen Mailbox and Archives
Office. We’re going to improve these channels to make them more accessible to
the public and further meet their demand.
Two, to replenish. It is to turn
the public libraries into a channel for citizens to look up the government
information, as required by the state Regulations. A section for government
information checking has been set up at the Shanghai Library, and we’re going to
promote the work at district-level libraries.
Three, to integrate. I think
it’s a very important step to improve our services. We’ve done a lot of work to
integrate the curren channels and other platforms. On the one hand, we
integrated the government hotlines last year. The hotlines have become an
important channel in addition to the online service. The city has 3,285 hotlines
for complaint and consultation. The“114 Enquire Line”we established jointly with
China Telecom has been able to automatically switch incoming enquiry calls to
relevant departments. This year we plan to make this enquiry line accessible to
information on key issues for government administrative approval, important
events, office addresses and contacts. It will serve as a databank for citizens
to check and as a government hotline and an important channel to disclose
government information. On the other hand, we’re going to integrate the existent
information platforms into the e-government program. For example, we’re planning
a citywide administrative approval platform, which will handle all the
administrative approval issues and non-administrative approval issues, which are
now in the charge of different government departments. The platform is put under
effective online supervision for application, approval outcome and process of
being handled. Thank you.
Chen Qiwei: Now Mr Liu Ping will answer the question about how the
expatriates can check the government information.
Liu Ping: The answer to the question is not available in our“Statute”nor in
the“Regulations,”but the government information disclosing service is designed
for those that is put under administrative management. The government
information is a means of ensuring the citizens’right to know, which in turn is
a means of ensuring their right to expression and the right to supervision. All
those expatriates and overseas people who live and work in Shanghai are entitled
to the right and obligation to oversee whether the government is administrating
in line with law, so we are not to impose restrictions on them in this respect.
From the legal point of view, we follow the principle of reciprocity in granting
foreigners the right to request the government information to be made public.
That’s to say we grant the right to the citizens of a foreign country where
Chinese are given citizenship. Of course, the principle of reciprocity doesn’t
require a written agreement. As we know, foreign countries don’t set requirement
on nationality in making known the government information, so foreigners on the
Chinese mainland are on the same footing as Chinese in request for the
government information. By the principle of reciprocity, we should acknowledge
the foreigners’request. In addition, the right to request for the information is
granted to Taiwan compatriots living and working in Shanghai. Thank you!
3. Caijing Magazine: I’m from Caijing Magazine. I’ve two questions. The
central government is reshuffling its ministries, and will the Shanghai
Informatization Commission be merged into another department? If so, which
department will take over the disclosing of the government information? And how
will the work be arranged? The other question is about the program of making
transparent public funds. This year’s“two sessions”demanded revealing of the
spending of the proceeds from the car plate auctions. Except for the government
spokesman’s report on the total sum of the proceeds, there has been word on the
details of the spending. Why is the delay so long? Are there technical problems
or obstacles in specific departments? The city has always promised to disclose
it, but is there a timeframe for it? Another question is for Mr Liu Ping.
Shanghai City Appearance and Environmental Hygiene Bureau recently issued a
directive on censoring outdoor advertisements. It is good as it kind of aims at
removing the illegal adverts, but there is sure to be disputes in the process of
administrative approval before follow-up policies are announced. What do you
think of the issue?
Chen Qiewei: Shanghai will follow the instruction by the central government
and take into consideration the local situation to actively and carefully push
forward the reform of government departments.
The outdoor adverts have been
widely covered in media reports. We have also checked with relevant departments.
Generally speaking, the outdoor adverts in the city are too crowded and far more
than enough, and there is a serious problem of adverts fixed to roadside public
facilities. To enhance management of outdoor adverts and ensure first-class city
appearance and urban landscape for the opening of the World Expo, authorities
are working on measures these days to specify areas where outdoor ads are
allowed and where they are banned.
So to avoid causing unnecessary economic
losses to advertising business and to get in line with the new measures to be
adopted, the city appearance and environment hygiene bureau issued an emergent
notice on April 22 suspending approval of outdoor adverts, but the notice is
provisional.
The city appearance and environment hygiene bureau is
coordinating with other city authorities to work out new measures and will
inform advertising companies in the earliest possible time.
As an open
metropolis, Shanghai has taken the outdoor adverts as part of its economic boom.
It is hoped that the advertising companies will join the whole city to make the
urban environment and adverts more orderly, better-regulated and better
coordinated.
4. Youth Daily: I’m from the Youth Daily. The spokesman mentioned the online
interview of the government portal Website just now. I’d like to know whether
the program will be launched officially starting from today and how often such
interviews will be done in the future? Who will be the possible interviewees? An
online collection of topics of the interviews has started, and will the topics
suggested by the public be adopted?
Chen Qiwei: Please contact the government portal Website for details. As I
know, more than 600 questions had been collected by yesterday afternoon for the
online interview with Mayor Han Zheng. I guess it may have been because of so
many questions from the public and Netizens that the mayor prolonged the
interview to one hour, 30 more minutes than scheduled. The interview will be
published online soon after.
5. Southern Weekend: I’m from the Shanghai office of the Southern Weekend.
I’ve two questions. One is about the responsibility back-tracing system. Could
Mr Liu Ping give us details on it, such as how to back-trace and what the worst
case will be like? The second question: I was covering the news about the
regulations on salary and subsidy of civil servants in Shanghai, and authorities
I contacted told me that the regulations were out of the category of information
disclosing. I’d like to know what rule the said authorities were following in
refusing to disclose the information. And should the city disclose the
regulations (on salary and subsidy)?
Liu Ping: In principle, the salary and
subsidy of the civil servants shouldn’t be a secret, but an individual civil
servant’s salary and subsidy cannot be released as government information. The
standards of the salaries are hinged on the ranks of the civil servants, and I
don’t think they should be disclosed as they belong neither to state secret nor
personal privacy. I’ve no idea what rule authorities are following in refusing
to disclose the information, but according to the Regulations on Disclosing
Government Information, the basic information on administrative organs should be
disclosed.
Southern Weekend: What if the authorities refuse to disclose it? How to affix
the responsibilities?
Liu Ping: The system of affix administrative
responsibilities is an internal system within the administrative departments.
Shanghai has published the Measures on Affixing Responsibilities in
Administrative Defaults, which specify the failure to disclose government
information that should be disclosed as a violation of law. In case a department
doesn’t disclose the information that should be disclosed, we’ll go through
administrative reconsideration or lawsuit to decide whether it fails to perform
its duty. We’ll refer to the Measures as well as detailed rules within an
administration to affix the administrative responsibilities and accordingly
impose administrative punishments to the employee held responsible and his or
her superordinates. It is rare that the system has been implemented, and we hope
the Measures will push forward the system. Thank you!
6.“Central News Agency:”I’m from the Taipei-based“Central News Agency.”I’ve
several questions for the government spokesman. First, the city government press
conference is very good as it’s a good communication platform. You said just now
that questions can be addressed to the spokespersons of the government
departments. Could you give us their names and contact numbers? Second, how
shall we contact you if we have problem with the department spokespersons? Thank
you!
Chen Qiwei: About your first question. My colleagues will tell you how
to contact the spokespersons of the departments. And the work team of the city
government spokesman often fields questions through incoming calls of reporters,
and you can also contact the team.
7. The Associated Press: I’m from the Shanghai office of The Associated
Press. Is the applicant required to give his or her name?
Liu Ping: Thank you
for the question. The current rules don’t set strict limits on an applicant as
the principle of disclosing government information is to ensure the
citizens’right to know. So all citizens have the right. The applicant is
required to fill up an application form, including the name. If you apply for
information about yourself (which is probably accessible to the government), you
must give your ID number. After you specify what kind of government information
you are requesting, we’ll go through the set procedures. For example, we may
check whether the information is available and which department has the
information before giving a clear answer. We don’t have to keep a record on the
request, and it is not necessary. Thank you!
Chen Qiwei: That’s all for today’s press conference. Thank you for coming.