8
CAP. 496.]
FREEDOM OF INFORMATION
will be published within three months;
(e) that the document requested cannot be found, and this
is certified in writing by the head of the public
authority;
(f)
that the resources required to (i) identify, locate or collate a document or
documents;
(ii) examine a document or consult any person or
body in relation to its possible disclosure; or
(iii) make a copy, or an edited copy, of a document,
would substantially and unreasonably divert the
resources of the public authority from its other
operations, and it has not proved possible for the
applicant, with advice from the public authority, to
redefine his request in such a manner as to make it
more easily addressed by the authority;
(g) that the document requested is not held by the public
authority and the person dealing with the request has
no grounds for believing that the document is held by,
or connected more closely with the functions of,
another public authority; or
(h) that the request is frivolous or vexatious or that the
information requested is trivial.
Reason for refusal
to be given.
15. (1) Where a request made in accordance with this Act is
refused, the public authority shall (a) subject to article 34, give the applicant the reasons for
the refusal; and
(b) state that the applicant has the right, under article 23,
to seek an investigation and review by the
Commissioner of the refusal.
(2) A notice under this article is not required to contain any
matter that is of such a nature that its inclusion in a document
would cause that document to be an exempt document.
Decisions by public authorities
under this Act.
Cap. 249.
Cap. 497.
16. (1) A decision by a public authority in respect of a request
under this Act shall, subject to article 6(c) of the Interpretation Act,
be taken by (a) the head of the public authority or its governing board
(as applicable), as identified in or established under
the Public Administration Act or any other instrument
to which the authority is subject; or
(b) an officer of the public authority, acting within the
scope of the authority exercisable by him in
accordance with arrangements approved by the head of
the authority or by its governing board.
Cap. 50.
(2) A decision to disclose or grant access to a document in
accordance with this Act shall constitute authorised disclosure in
terms of the Official Secrets Act.
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