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HONG KONG LEGISLATIVE COUNCIL · 2nd October 1969.
[MR Woo] Motion
have given rise to problems to which adequate solution has yet to be found. As a result, complaints of administrative actions, which no doubt sometimes cause grievances to the public, will naturally arise. Public spirited and right thinking people will look closely to find out what should be done to remedy the situation.
Several years ago the Law Reform Committee decided not to recommend to Government the adoption of the Tribunals and Inquiries Act of 1958 in Hong Kong. Under this Act a Council of Tribunals may be established which can exercise a degree of supervision over the work of tribunals but does not possess the powers and functions of the Ombudsman, an institution originated from Sweden and has taxed our mind for some considerable time.
Sir, you raised this issue in your address to this Council in the budget debate of 1965*. I spoke at length on this subject in that debate*. In the 1966 budget debatet Mr Sidney GORDON was of the opinion that we should defer consideration of this matter for at least two years. I touched upon this subject again in the budget debate of 1967. My Unofficial Colleagues are not unmindful of this very attrac- tive foreign institution but the general public has a much mistaken conception of its powers and jurisdiction, and I cannot think of a better description than to quote your comment, Sir, that "The image of these Commissioners as all-powerful rectifiers of all grievances is of course very far from the truth."
The office of the Ombudsman was created in Sweden in 1713 and although he has very wide powers his duty is purely supervisory. He can have access to all documents--even the secret ones-and the right to be present at all deliberations at which judges or administrative officials make their rulings. It was an office suitable to the constitution of Sweden at that time when modern forms of government were un- known. Its immediate neighbour, Denmark, did not have an Ombuds- man only until 1955, and Norway adopted the system in November 1962. In New Zealand an Ombudsman was appointed on 1st October 1962. In 1967 Britain had her first Parliamentary Commissioner for Administration. He was appointed under the Parliamentary Com- missioner Act of 1967. However, the Act places serious limitation upon his scope and powers. Complaints must be referred to him by Members of Parliament and he conveys the results of his investiga- tion to the Members rather than to the complainants. There are 2 schedules in the Act. The first schedule provides a list of the
* 1965 Hansard, pages 48 and 168.
† 1966 Hansard, page 120.
1967 Hansard, page 170.