By Zhan Lisheng (China Daily)
Updated: 2008-05-07 07:27

GUANGZHOU - Five citizens in Rucheng county, Hunan province, took the county government to the Chenzhou intermediate people's court on Monday for denying them access to government information.

The action marked the first time in which a government was sued for failing to disclose information after new national regulations on information disclosure took effect on May 1.

They have asked the court to rule that the county government must reveal the information they requested.

The five people previously worked at a State-owned water plant, but the county's construction bureau signed a contract with a private investor six years ago on behalf of the plant and turned it into a joint venture.

After the establishment of the joint venture, they retired from the company.

The workers challenged the lawfulness of the bureau as a government agency to sign a contract for a company. In response to that, the county government started an investigation but withheld results from the workers.

"The county government finished an investigation into the case in the second half of 2007, which is said to be fair and objective," Huang Youjian, one of the plaintiffs, said.

"We applied on several occasions before May for some details of the investigation, but to no avail."

So, on Friday, the first working day after the information disclosure regulation took effect, they went to the government again.

"The new regulation issued by the State Council has built up our confidence," Huang said. "I think it will be more likely that the county government will have to disclose the investigation details to us this time."

The government rejected their application on the spot.

"The investigation is for the internal reference of the county leaders. It does not belong to what should be made public in the light of the new regulation," an official with the county's publicity department, who identified himself with the surname Fan, told China Daily on Tuesday.

The official said that the county government had not received any summons from the intermediate court.

"The new regulation will no doubt enable citizens to know about governmental administration while urging the government to improve transparency," Xu Jingcu, a lecturer of public administration at Sun Yat-sen University, said.

"However, further details about the regulation are still needed for the government to clarify what must be made public and what should be kept confidential."

The regulation, consisting of 22 articles, requires all government administrations to make public issues that concern the crucial interests of individuals or organizations, information that requires public awareness or participation, and administrative work procedures.

Transparency to be improved

The transparency of government information will be improved, according to new rules which took effect on May 1.

Rules on Openness of Government Information of China was passed by the 165th standing meeting of State Council on Jan 17 last year, and was publicized on April 24.

It stipulates that administrative organizations should make public government information on the basis of equity, fairness and convenience for people.

It includes organizations authorized by law to administer public affairs, the legal office of the State Council said.

Four categories of information are required to be made public: first, that which concerns the vital interests of citizens, legal people and other organizations; second, that which needs to be known or participated by the society and the public; third, that which reflects the framework, function and procedures of organizations; fourth, other information required to be made public by law.

The information should be publicized through government communiqus, websites or the press.

It also regulates that people can ask for government information they need, and lodge a complaint against administrative organizations that are not forthcoming.

Information that cannot be made public includes country secrets, business secrets and individual privacy.

Exceptions can be made where it would have a great influence if not made public.

The Ministry of Health is setting up a spokesperson system to coordinate with the new rule, Mao Qun'an, a ministry official, said.

The National Development and Reform Commission has launched a new website to update government information, and other ministries and regional governments are following suit.