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Man to appeal on information disclosure lawsuit

(Xinhua)
Updated: 2009-09-01 10:33

GUANGZHOU: A resident in south China's boom town Guangzhou has lost a lawsuit in which he demanded information disclosure from the local industrial and commercial bureau.

Xu Dajiang, who sued the bureau for refusing to provide information on the administrative penalties it imposed, said he would appeal after the Tianhe District Court in Guangzhou made the first instance ruling Monday.

Xu submitted written applications to seven government bodies, including the industrial and commercial bureau, in May for information on the penalties.

An application was sent to the bureau on May 6, in which Xu said he requested information on administrative law enforcement by the bureau in bazaars, supermarkets and department stores.

The bureau turned down Xu's request May 18, saying such information could only be disclosed to those who were punished, and administrators were not supposed to take the initiative in such disclosures.

In China, all administrations must actively publicize information about regulations, budgets, emergencies, land acquisition and in other areas, as laid out in the Provisions of the People's Republic of China on the Disclosure of Government Information, which became effective from May 1 last year.

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The public, whether individuals or organizations, also have the right to request government information related to their work, life and research by making a written application.

The district court held that the information on administrative penalties imposed by the industrial and commercial bureau had nothing to do with Xu's work, life and research and that he was not the one punished by the bureau. It therefore rejected Xu's request to revoke the bureau's decision not to provide information.

But Xu, well-known in Guangdong for his efforts against fake products, said he required the information because stores had not been punished although they had been caught by him selling bogus merchandise and had been reported to the bureau.

Among the seven government bodies from which he sought information, the city's pricing bureau supplied all he wanted, the quality supervision bureau said it would make disclosure with consent from the punished, and others disclosed only part of the information.

The industrial and commercial bureau was the only one that refused to provide any information, said Xu.

"It seems that government bodies do not have a unified standard in information disclosure," he said.

Xu said those who refused to disclose information might be afraid of exposing internal problems in their organizations, or a surge in work load following disclosure.