8
JUSTICE HONG KONG BRANCH
The Ombudsman is essentially an intermediary between the people and the Government. He investigates, arbitrates and gives his findings. He is a man commanding public confidence and completely independent of the government administration. He has no power to revoke the decisions of the authorities, nor to force an authority to alter its decision. The influence which may be exercised by him is entirely dependent upon the weight of the reasons invoked by him in support of his findings. But in countries where this practice has been adopted, practically in all cases his findings and recommendations have been carefully followed and implemented.
Furthermore, it has been the experience in Scandinavian countries that the practice of the Ombudsman to put before the public through the medium of the press the results of his findings has acted as a strong deterrent against serious abuse of administrative powers.
The function of an Ombudsman is concerned not so much with investigating general policies as with providing a safeguard against abuse or misuse of authority, usually in specific cases. His work takes the form of a two-way traffic. He is required to investi- gate and report only on the true facts. In appropriate cases he clarifies the position of, and vindicates any action or decision taken by, a civil servant.
He does not receive instructions as to which cases he should investigate but in England he is confined by statute only to accept certain cases. He is not influenced by anybody as to which way he should act when he is investigating a particular case. There has not been any evidence to show that undue influence has been exerted on an Ombudsman.
The local political parties always try to ensure that his decisions are made without regard to political pressure so that the general public may have full confidence in his political independence.
The Ombudsman has great freedom to decide the direction of his supervisory activity. Actually, it is determined principally by the complaints that are brought to him by citizens. It is believed