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Nonetheless,with the government's strong backing of developing E-government,web-based information can be expected to continue to proliferate Under the Regulations,Chinese citizens,enterprises and other organization can also request information that has not already been disclosed,although the Regulations appear to impose a "special needs"test.[20]In Shanghai,which has the longest track record of reporting information disclosure performance since it passed local OGI legislation in 2004,governments at all levels and their departments handled nearly 9,400 requests in 2008,59%of which were complied with in full and another 3.2%were fulfilled in part.Shanghai's compliance with OGI requests,which have averaged about 9,400 per year over the past five years,has reportedly been quite high, starting with 79.3%(plus 5.5%partial disclosure)in 2004 and gradually declining to the still respectable 2008 level.[211 After the first year of national implementation,the annual government OGI reports required by the Regulations reflected a great diversity in the number of requests being filed and reported, from an erroneously high figure of 250,00 reported by Guangdong province's Guangzhou Municipality,which in 2003 became the first government in China to adopt OGI provisions,to lows such as only four requests recorded by nearby Foshan City.Sichuan province claimed it approved some 95%of 7,400 province-wide OGI requests,while Hunan province reported receipt of only 21 requests at the provincial level,10 or 48%of which were complied with.[22] The media also reported some successes,as well as failures,in obtaining information on request. Lawyer Wen Hongxiang,a Shenyang resident,was surprised to receive a phone call and copies of information on developers and construction projects from the Municipal Construction Commission in what was the first reported OGI request filed in Liaoning province in 2008.[23] Guangzhou consumer advocate Xu Dajiang had some success obtaining information about administrative penalties imposed by several bureaus as part of their law enforcement in retail outlets,although the industrial and commercial bureau refused on grounds that he was not the one punished and his request had nothing to do with his own"special needs,"a refusal subsequently upheld by a district court.[24] Some citizens turn to administrative appeals to seek information.For example,a group of 68 villagers whose land in Zhejiang province had been taken sought information about the approvals for the expropriation,appealing to the Ningbo City government when they received no written response from the Yu Yao government to their May 26,2008 OGI request.Although the lower level government said it had already contacted the group's representative by phone to request additional identification and tell them to seek the information from the land resources bureau,the Ningbo government ordered it to properly handle the information request within 30 days.[25] In Shanghai,over 50%of administrative appeals now involve OGI requests.In 2008,the municipal-level government handled 683 petitions for administrative reconsideration of OGI requests(predominantly for information concerning housing redevelopment displacement and land use planning).That year,only 8%of the decisions called for the government to correct its actions,down from a high of over 45%of administrative appeals decisions ordering government agencies to correct their decisions in 2004.[26] freedominfo.org 4-23-2010 Page 4freedominfo.org     4‐23‐2010  Page 4  Nonetheless, with the government’s strong backing of developing E-government, web-based information can be expected to continue to proliferate. Under the Regulations, Chinese citizens, enterprises and other organization can also request information that has not already been disclosed, although the Regulations appear to impose a “special needs” test.[20] In Shanghai, which has the longest track record of reporting information disclosure performance since it passed local OGI legislation in 2004, governments at all levels and their departments handled nearly 9,400 requests in 2008, 59% of which were complied with in full and another 3.2% were fulfilled in part. Shanghai’s compliance with OGI requests, which have averaged about 9,400 per year over the past five years, has reportedly been quite high, starting with 79.3% (plus 5.5% partial disclosure) in 2004 and gradually declining to the still respectable 2008 level.[21] After the first year of national implementation, the annual government OGI reports required by the Regulations reflected a great diversity in the number of requests being filed and reported, from an erroneously high figure of 250,00 reported by Guangdong province’s Guangzhou Municipality, which in 2003 became the first government in China to adopt OGI provisions, to lows such as only four requests recorded by nearby Foshan City. Sichuan province claimed it approved some 95% of 7,400 province-wide OGI requests, while Hunan province reported receipt of only 21 requests at the provincial level, 10 or 48% of which were complied with.[22] The media also reported some successes, as well as failures, in obtaining information on request. Lawyer Wen Hongxiang, a Shenyang resident, was surprised to receive a phone call and copies of information on developers and construction projects from the Municipal Construction Commission in what was the first reported OGI request filed in Liaoning province in 2008.[23] Guangzhou consumer advocate Xu Dajiang had some success obtaining information about administrative penalties imposed by several bureaus as part of their law enforcement in retail outlets, although the industrial and commercial bureau refused on grounds that he was not the one punished and his request had nothing to do with his own “special needs,” a refusal subsequently upheld by a district court.[24] Some citizens turn to administrative appeals to seek information. For example, a group of 68 villagers whose land in Zhejiang province had been taken sought information about the approvals for the expropriation, appealing to the Ningbo City government when they received no written response from the Yu Yao government to their May 26, 2008 OGI request. Although the lower level government said it had already contacted the group’s representative by phone to request additional identification and tell them to seek the information from the land resources bureau, the Ningbo government ordered it to properly handle the information request within 30 days.[25] In Shanghai, over 50% of administrative appeals now involve OGI requests. In 2008, the municipal-level government handled 683 petitions for administrative reconsideration of OGI requests (predominantly for information concerning housing redevelopment displacement and land use planning). That year, only 8% of the decisions called for the government to correct its actions, down from a high of over 45% of administrative appeals decisions ordering government agencies to correct their decisions in 2004.[26]
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