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(b)
longer time elapsed;
anonymous complaints and those where the complainant cannot be identi-
fied or traced or is unwilling to substantiate his grievance orally.
This is thought to be a necessary precaution, to save the time of the
Commissioner being wasted on complaints which are not backed by oral
evidence;
(c) complaints on matters previously investigated by the Commissioner.
Clause 14 gives the Commissioner a discretion not to investigate, or
continue to investigate, complaints where an adequate remedy exists, where he
thinks it unnecessary, or if he thinks the complaint trivial or frivolous or
where the complainant has an insufficient personal interest.
By clause 15, a complainant must be told of a decision not to investi-
gate a complaint and of the reasons for this. A complaint may be made by the
personal representative, a relative or other suitable person as well as the
person aggrieved himself. A complainant must be resident in Hong Kong, or
the complaint must have arisen here, or in a ship or plane registered in the
Colony. A person who has been deported may be allowed to return for the
purposes of an investigation.
By
Part V sets out the procedure to be followed in an investigation.
clause 16 it is to be held in private and there is no right of audience for
solicitor or counsel, since the object is to keep investigations as informal
as possible. The head of the department concerned in an investigation must
be informed and the Commissioner may, or may not, in his discretion, hold a
hearing. Nobody has a right to be heard, except a person whom the Commis-
sioner thinks he may criticize in his report. Subject to rules under clause
11, the Commissioner may fix his own procedure.
Clause 17 empowers the Commissioner to require information and docu-
ments to be produced to him. He may summon complainants and officers of
departments as witnesses and examine them on oath; he may also do this in
relation to other persons, with the Attorney General's approval.
It is pro-
vided in clause 17(4) that a person who is prohibited by law (other than the
Official Secrets Acts) from disclosing any information (e.g. officers of the
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