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Part II provides for the appointment of the Commissioner for Admin
stration and his staff. His appointment will be for a period of three years,
though he may be reappointed. Although he may resign, he may otherwise only
be removed or suspended in the same manner as is provided in the Hong Kong
Letters Patent for the removal or suspension of a Supreme Court Judge.
Clause 4 prohibits the Commissioner from holding any other office of
profit, without the permission of the Governor. Clause 5 deals with the
method of filling vacancies which arise other than on the expiration of the
Commissioner's full term of office. Clause 6 deals with the terms and condi-
tions of service of the Commissioner. Clauses 7 and 8 provide for the taking
of an oath by the Commissioner and for the appointment of staff to assist him.
Part III sets out the functions of the Commissioner, whose duty it
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 Part
I of the First Schedule is comprehensive. Various organizations of an offi-
cial or semi-official nature listed in Part II will also be subject to inves-
tigation, among them the Housing Authority and the Urban 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 Schedule, or further investigating it if, after
having begun an investigation, he discovers that it relates to a matter
which is outside his jurisdiction.