RECEIV
1962
237
SCM P.
16.
10
·
!KK 1/8
69
32
Ombudsman-a need
*for reconsideration
can hardly be a matter
surprise that Hongkong's self- protective bureaucracy has set its face against the institution of
Ombudsman.
an
It could not be expected to welcome unreservedly the establishment of an indepen- office with the prime responsibility of investigating
dent
If a member of the public believes that he has been the victim of an error made by a Government official or feels that a discretion vested in a department has been wrongly exercised against him, it is of course true that he can write to the Head of Department concerned and complain.
Ignored
powers.
tion?
Is the reason for this co- Is it now too late to con- operation that they do not sider the institution of an press home their investiga- Ombudsman: a man of tions? Are they prepared to eminence but respected by make themselves unpopular? the people, appointed by the What are the results of their Governor but removable only intervention? Do they in fact with the consent of the Sec- achieve results which satisfy retary of State, paid a very the complainants?
high salary to devote himself
To these questions we have full-time, with a small staff, no answers, for the public is to the investigation of com- told nothing of the questions plaints and with the necessary the Unofficials (or the Urban powers to enable him to do Councillors or the City Dis- so; a man who can call for trict Officers) take up, nothing any departmental file, sum of what they do, how they do mon witnesses before hin it or what the end results make recommendations as
result of his findings; a má A further difficulty is that, whose findings are published however conscientious these The Governor has said that men
may be, thes cannot this man's power would be so devote a great deal of time to circumscribed by law that the the lengthy task of sorting out public might be disillusioned; the rights and wrongs of therefore the experiment grievances and complaints. best not tried.
are.
However, it is evident from complaints of maladministra- a scrutiny of correspondence tion.
to the daily Press that a sig- Nevertheless it is dis- nificant number of people appointing to see that Gov- have their letters to depart- ernment has succeeded in ments ignored or dealt with winning the support of the only after intolerable delay. Unofficial Members of Execu- There appears to be a fairly tive and Legislative Coun- widespread feeling that if you cils. It
appears to have want to get anything done it done So by playing on is better to write to the Press the Unofficials' self-esteem in the first instance. and by subtle implication that
In any event, the real an Ombudsman would in some question at issue is the ade- way diminish their own role.
system for the quacy of the Precisely the same techni- redress of grievances where que was used by the Execu- tive in the United Kingdom to
a person does not receive satisfaction from the depart- ensure that the powers of the Parliamentary
ment concerned. Commissioner (the British equivalent of the Ombudsman)
were severely Governor's limited Members of Parlia- UMELCO office is misplaced, ment were encouraged to view Other critics have pointed the
of wider out that this office is not an not remain CDO's all their ing" of the UMELCO office is conferment powers as a derogation from office at all, but rather а their
own responsibilities clearing house for corres- towards their constituents. pondence and appointments with the unofficials. It has
Basis
It is
patent that the reliance on the
The Hon Wilfred Wong ...only supporter
ent independence which has already been made. This al- so applies to the CDO's for they are themselves Govern-
ment servants.
Moreover, the CDO's
do
They all have other onerous There is, however, no in- public duties in addition to evitable necessity narrowly to their professional occupations restrict either the Ombuds- -in the case of the Unofficials man's jurisdiction or his and the Urban Councillors, powers of investigation. He duties for which they receive can be given as wide a dis- cretion (with suitable safe- no remuneration.
guards) as is thought neces-- sary for him to fulfil his ex- pected role.
an
United
What form of "strengthen-
Injustices
working lives. Ultimately proposed to meet this diffi- their careers will be made culty? It is all too typical of
The prime function of an in other departments - per- Hongkong that Government Ombudsman
would be to reject the Ombudsman tackle injustices arising out of no powers, legal or otherwise. haps in those to whom they can
have in the past directed proposal, which seems to faulty administration where In his speech to Legislative
have the Press united behind the victim has no remedy in But the important point is complaints and criticisms, Council of February 26 this the one on which Legislative
it, on the basis of an alterna- the courts of law or no right Big task
tive year, Sir David Trench out- Councillor the Hon Wil-
unsupported either by to be heard before an ad- lined the basis of his objec- fred Wong (the only suppor- Further, the CDO's have a
detailed argument or informa- ministrative tribunal. tion. tions to the Ombudsman, and ter of the Ombudsman) put big enough task in estab-
Are we to deduce from Where the citizen does have in his address of October 1 his finger: people with lishing good relations
the advertisement with
for an existing remedy the Om- he expressed disappointment grievances simply do not take other Government
Administrative Secretary budsmar does not have to depart for the UMELCO office that public discussion had them to the Unofficials be- ments without exacerbating this is Government's answer plaint," as the Governor im- that "refuse to hear, the com-, done little to resolve his cause the Unofficials are seen the existing jealousies earlier doubts.
by to the proposals for an Om-plies. by the people as part of pressing hard
He can hear it and embarrassing budsman? What were his objections? Government itself. They are complaints. It has been pub-
then direct the citizen to his He argued that the powers not seen as independent
As Hongkong's society be- poper remedy. He can also re- licly stated by Government comes of an Ombudsman would have presentatives, defenders
complex of that the CDO's are not Om- problem of friction
the recommend changes in the to be circumscribed by law the people, but as part of the budsmen. Dealing with com- individuals and the Govern-
between law where appropriate. and that the consequent re- very machine against which
It should be pointed out strictions on the Ombudsman's the complaint is being
that an Unofficial can do no power of investigation risked levelled. causing public disappointment and disillusion. He went on to say:
Channels
Inaction
As long as the Unofficials are not seen in public to as- sert independent views, but are seen to constitute a body with social, economic and political values identical with those of the bureaucracy, this situation will continue. In
Urban
more
By JOHN
REAR
Lecturer in Law, University of Hongkong
more.
There is no reason why the Ombudsman should not coun- tenance a complaint initially made verbally or even anony- mously; one would expect a responsible figure such as the Ombudsman to exercise intelligent discretion.
an
In the same way there is no reason why the Ombudsman should be precluded from seeking "solutions to a com- will increase, not plainant's problems in ways albeit diminish. However humble a quite other than those which
man may be it is becoming have actually been sought."
Distrust
self-
"On the other hand, houour- able members here, for example, hearing complaints in the
UMELCO office, may ot be empowered by law to investigate; but in practice I am assured they are not hampered by this, and receive this matter what is important plaints is only an incidental ment all the official co-operation
is what the bulk of the people part of their duties they require. This can be, and is, assured
The public evidence important. to them ad-
believe. ministratively, as a matter of can lead to only one con- Secondly, the Unofficials difficult for him to avoid some Thus the Governor's objec- courtesy, without recourse to
clusion.
of Executive and Legislative contact with a Government tions have cogency a legal power.
In the year ending March Councils, the Urban Coun- department at some
only in time or relation to his own conception 31, 1969, the UMELCO office cillors and the City District another. In these
circum- and received written representa- Officers have no powers to stances complaints of injustice Ombudsman's office.
description of the tions from only 120 people investigate complaints or to are inevitable. "Moreover, they do notand
only 30 verbal repre- call for departmental files. The fact that many of the refuse to hear any complaint: sentations. Most complained They can only request a complaints will turn out on and they can seek solutions to of inaction by Government Government Department to investigation to be groundless The establishment of an a complainant's problems in departments. ways quite other than those On the other
do something or to reconsi- does not make the "victim's" Ombudsman would be a sign hand many der a decision.
discontent any less important. of maturity and which have
actually been more people take their trou- sought, which is something a bles to the 10 Ward Offices the form of the power to tion.
They have no sanction in What he needs is an explana- confidence on the part of the Commissioner could not
Conversely, the do. of
Where the grievance is Administration. Councillors, make public an adverse re- real, he needs redress.
the Much the same is true of other and it is significant that it is port. They have no executive
objections now raised In а
to channels
be volatile community appear of complaint that the Councillors who are the authority and no
merely a civil we have, for example, through most outspoken,
to like Hongkong's it is in Gov- rationalisation of the the District Officers and the are thought
those who information which a depart- ernment's interest to eliminate servant's distrust and resent- to be prepared ment refuses to disclose. CDO organisation, or, indeed, to stand up to Government,
sources of discontent
ment of outside interference. merely by writing to Heads of who receive the vast majori-
it lies within its power to do This may be human nature but it is not good govern- Departments or to me. More- ty of complaints and griev
ment. Do In Hongkong there is over, many complaints re- ances. (In
The Governor has said that [ceived
representative legislature, no in this way can be number of "cases dealt with the Unofficials do in practice taken notice of although at
of system
administrative the Ward
receive Offices
co-operation from merely
and verbal
courts or tribunals even 1,200).
departments. This may well anonymous, whereas a Com-
be true. In those cases, the
system for legal advice. missioner could not counten-
Complaints are also direct-
In a number of other coun- ed to the City District Off- matter is not serious or the exist they have yet found it ance either."
majority perhaps, where the
tries where all these things Sir David's argument cers. They receive, either public service has not been at
Government clearly wishes advisable therefore that a strengthened directly or indirectly through fault,
to institute an to keep the veil of secrecy there would be no UMELCO office (the office of the Public Inquiry counters, reason for
Ombudsman to deal with the over its activities and pro- Government de- the Unofficial
complaints
cedures Members of about
redress of grievances. per partments not to co-operate
it previously Executive and Legislative month against Government with
demonstrated by its refusal Unofficials, CDO's or Can it really be that in to publish Sir Charles Hart- Councils), plus the other Departments or individual Urban Councillors.
Hongkong, with its problems well's report on the workings existing channels, provide an public servants.
It is the occasions where accentuated by the gulf be- of the Colonial Secretariat. adequate system for the re- Why are these channels, departments have made tween rich and poor and Government should be re- taken together, not ade- serious mistakes inevitable tradition which to a certain minded that the people have quate?
in a large machine that the extent raises the Government a legitimate interest in the In the first place because investigator needs more than official above the mass, we manner in which its affair of the point about appar- goodwill: he needs legal have no need for this solu- are conducted.
or
is
dress of grievances.
This view ignores a num- ber of salient, if uncomfort- able, facts.
50
?
1966/67 the
was
Mistakes
access
SO.
where
no
The Ombudsman's power derives ultimately from his authority to publish his find- ings and put the spotlight on mistakes and inefficient pro- cedures.
was