22
Court Judge.
Clause 4 prohibits the Commissioner from holding any other office
Clause 5 deals with tho
of profit, without the permission of the Governor.
method of filling vacancios which arise other than on the expiration of the
Commissioner's full term of office. Clause 6 deals with the terms and con-
Clauses 7 and 8 provide for the
taking of an oath by the Commissioner and for the appointment of staff to
assist him.
ditions of service of the Commissioner.
Part III sets out the functions of the Commissioner, whose duty
will be to conduct investigations into decisions, relating to matters of administration, taken by any department specified in the First Schedule or
any officer thereof. "Decision" is defined in clause 2 as including any
recommendation, act or omission. The list of government departments in Fart I
of the First Schedule is comprehensive. Various organizations of an official
or semi-official nature listed in Part II will also be subject to investiga-
tion, among them the Urban Council, the Hong Kong Tourist Association, the
Hong Kong Trade Development Council and the Hong Kong Productivity Council.
By clause 9, the Commissioner may start an investigation into any
matter within his jurisdiction
(a) on a complaint by any person;
(b)
of his own motion; or
(c)
if it is referred to him by the Governor.
This clause also provides that the power to investigate will operate in spite
of any provision that a decision shall be final or not open to review or
question.
!
Clause 10 prohibits the Commissioner from investigating any matter
specified in the Second Schedulo, or further investigating it if, after having begun an investigation, he discovers that it relates to a matter which
is outside his jurisdiction.
The Second Schedule lists the decisions and matters which are not
considorod to be appropriate for investigation by the Commissioner, for a
variety of reasons
(a) Items 1, 3, 5 and 7 oxclude matters of a judicial naturo and the