Foreign and Commonwealth Office

The complainant submitted a request to the Foreign and Commonwealth Office seeking information about any past and current plans to reclaim Hong Kong as British territory. The FCO explained to the complainant that complying with this request would exceed the cost limit and invited him to submit a refined request. The complainant did so, albeit that he still wished the FCO to provide him with a formal response to his initial request. With regard to the refined request the FCO concluded that it did not hold any information falling within its scope, a conclusion the complainant disputed. In relation to the initial request, the Commissioner has concluded that FCO was entitled to refuse to confirm or deny whether it held any information falling within the scope on the basis of section 12(2) of FOIA because to do so would exceed the appropriate cost limit. However, by failing to provide the complainant with a formal refusal notice stating this it breached section 17(1) of FOIA. In relation to the refined request, the Commissioner has concluded that on the balance of probabilities the FCO does not hold any information falling within the scope of this request. Information Tribunal appeal EA/2020/0056 dismissed.