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C. The Parliamentary Commissioner here has certain restrictions on his activities. We shall have to consider what restrictions will be necessary in Hong Kong.
d.
much as anything.
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This is regarded as a public relations exercise as
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6. On 3 August 1970 the Secretary of State wrote a personal and confidential letter to the Governor in which he said that he would like to see a post of Ombudsman or similar office established as soon as possible for he thought it was particularly suitable for the circumstances of Hong Kong. He asked that by October of that year a decision could be announced on the appointment of an Ombudsman. David Trench replied to the Secretary of State's letter of 17 September 1970 resisting the idea and asking that he might discuss this with the Secretary of State. In the event, Sir Anthony Royle discussed the matter with the Governor and members of UMELCO and agreed that they should see how the experiment of strengthening the office of UMELCO developed over the next nine months before looking at the question again. (Shades of Lord Shepherd - para 4 above).
7. In September 1971 the Governor wrote to Sir Leslie Monson describing how the strengthened UMELCO had developed and concluding that an Ombudsman was not necessary. In the course of his letter he pointed out that determined advocates for an Ombudsman would not be content with the development of UMELCO for they would contend that it is the independence of the office of Ombudsman and the legal power to call for and scrutinise Government files, to examine witnesses and report publicly that are the best guarantees that justice will be done and be seen to be done. This is still valid today.
8. In February 1972 Sir Murray Maclehouse told Mr Laird, the then Head of Hong Kong Department, that he was thinking of proposing the creation of a post of "Commissioner for Petitions". He must have suffered a change of heart for in September 1972 he wrote a personal letter to Sir Anthony Royle pointing out the good work that UMELCO was doing in examining complaints. The question of creating an Ombudsman post seemed thereafter to have lay quiescent until it was raised again last year in connection with suggestions of abuse of power by the ICAC. The Hong Kong branch of Justice again called for the introduction of an Ombudsman and you will recall that Mrs Pryor wrote several times to her MP about abuse of power and that official members of UMELCO also expressed concern.
9. I wrote to John Hobley, the Attorney General, asking for his views on the appointment of an Ombudsman and he replied on 31 December to say that - rather strangely the Hong Kong Government's general policy in relation to an Ombudsman is that the UMELCO system is successful but that the Government would review the system if Unofficials were to suggest such a course. Given the growth of the UMELCO office, it is extremely unlikely that UMELCO will ask for the creation of an Ombudsman.
10. Lord Goronwy-Roberts has now once again raised the question pointing out that there seemed to be a strong case, widely supported for the appointment of an Ombudsman in Hong Kong and you suggested that the best course might be first to obtain the views of the Chief Secretary on the appointment of an Ombudsman with terms of reference.
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CONFIDENTIAL