CONFIDENTIAL
Background
The Hong Kong Government have for several years been considering the possibility of establishing a post of Ombudsman or similar office; but they have not as yet reached any conclusion in the matter. It is evident that among unofficial members of both the Executive and Legislative Councils there is a substantial body of opinion which doubts whether an Ombudsman is necessary or whether such an appointment could make for any improvement on the facilities already available in that field, 2. The constitutional position of the Colony would also present difficulties: one such difficulty is the question of to whom the Ombudsman should report. Sovereign power does not
rest with the Colonial legislature.
It rests in the Colony
with the Governor and through him to the Secretary of State
and ultimately with the United Kingdom Parliament.
3. The unrepresentative nature of the local legislature raises another difficulty that of devising an adequate sifting
procedure before complaints are referred to the Ombudsman.
4.
However, there is a body of opinion in Hong Kong, including the local branch of JUSTICE (International Commission of Jurists)
which favours the appointment of an Ombudsman and the matter has been the subject of press comment in the Colony during the past
three cr four years. It has also been the subject of occasional
Parliamentary interest here.
5. This was one of the matters which Lord Shepherd discussed with the Governor during his visit to Hong Kong in June, 1969.
As a result of those discussions it was agreed that no conclusion should be reached on the question of the appointment of an
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CONFIDENTIAL