CONFIDENTIAL
Reference.
HKK 380/2
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Mr Stewart
DH-
HONG KONG APPOINTMENT OF OMBUDSMAN
1. From the files it would seem that the Ombudsman concept has been intermittently considered by the Hong Kong Government for many years. In 1964 Mr Primrose, the present secretary to UMELCO, had discussions with the Home Office and the Office of the Council of Tribunals. the event nothing came of these investigations.
In
2. In 1966 the question was raised in Parliament by Mr Rankin during the debate on the speech from the Throne and there was also a letter on the subject to the Secretary of State from Mr Blaker MP in May 1967. The Governor, commenting on the letter, stated that there were constitutional difficulties and that he preferred to develop UMELCO.
3. In June 1968 Sir Denys Roberts, who was then Attorney General, wrote that the Hong Kong Government were actively considering the possibility of introducing a Commissioner for Administration on the lines of the British Parliamentary Commissioner for Administration. He, in fact, prepared a draft bill which was rejected by the Executive Council. It should be noted that the proposed bill, however, specifically excluded from investigation any decision taken for the purpose of investigating crime (this is also excluded from the powers of the British Parliamentary Commissioner). The bill, therefore, if it had been introduced, and had established a Commissioner for Administration, would not have allowed appeal against actions of the
IAC.
4. Parliamentary interest continued. Sir David Trench, in a speech to Legco in February 1969, aired the question but came to the conclusion that there were other channels of complaint such as CDOs and UMELCO and that these should be strengthened before a decision was taken on the need for a Commissioner. When Lord Shepherd, the Minister of State at that time, visited Hong Kong in June 1969, he raised the matter with the Governor, initially arguing in favour of an Ombudsman but finally concluding that a high-powered secretary for UMELCO would serve the purpose just as well. This idea naturally found general favour with the Governor and UMELCO. There was a question in the House by Mr Rankin on the subject in July 1969, probably prompted by a special report of the Hong Kong branch of Justice which recommended that an Ombudsman should be appointed.
5. In July 1970 Sir Anthony Royle, the then Minister of State, instructed that a proposition be put to the Governor on the following lines:
"a. An Ombudsman should be appointed. His office would be quite distinct from the normal machinery of government. It would be best to look for a British barrister for the job which would have to be pretty highly paid viz on a par with, say, the Colonial Secretary and the Chief Justice. The Ombudsman would have to have a suitable staff including a Chinese number two.
b. We should consult our Parliamentary Commissioner about this proposal, indicating tactfully the answer we wanted from him.
CODE 18 - n
CONFIDENTIAL
/c. The