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21
(a)
(b)
11.
service in any office or employment under the Crown or under any
department; or
service in any office, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in the Governor
or any department.
The grant of honours, awards or privileges within the gift of the Crown, including the grant of Royal Charters.
12.
Any decision taken personally by the Governor.
Explanatory Memorandum.
This Bill seeks to establish a Commissioner for Administration, whose function it would be to investigate complaints about administrative decisions reached by government departments and other official or semi- official organizations listed in the First Schedule.
The Bill generally follows the New Zealand Parliamentary Commis- sioner (Ombudsman) Act 1962, although certain provisions have been taken from the United Kingdom Parliamentary Commissioner Act 1967. The New Zealand model is less restrictive and appears to give the Commissioner more satisfactory powers to investigate and report on grievances. It has been necessary to amend some parts of the New Zealand Act to accord more closely with the constitutional position of Hong Kong.
The Bill is intended to provide, for the ordinary citizen, some means whereby a person independent of the public service can investigate, and report on, grievances arising from administrative decisions, acts, recommendations or omissions. It will be noted that the Commissioner reports to the Governor, on whom rests the ultimate local responsibility for the administration of the Colony.
Part I deals with preliminary matters. It is to be noted that clause 1(2) excludes, from the time limit of twelve months within which complaints must be made, the period between the passing and the commence- ment of the Ordinance.
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