66

Reference

FICA.

Mr Milton Dim Mr Stewart fas

2816.

NCAT .EF,

"JUSTICE" 20TH ANNUAL REPORT, JUNE 1977

1.

You will be interested to read on page 25 of the Annual Report of "Justice" that the Hong Kong Branch of Justice has it in mind to renew its campaign for the appointment of an Ombudsman.

2.

Lord Goronwy-Roberts has, in the past, expressed the wish that an Ombudsman should be appointed in Hong Kong and it is likely that the question will continue to be raised. Consequently, I think we should consider yet again whether we should not grasp this nettle and write formally to the Governor suggesting the appointment of an Ombudsman. I do not need to rehearse the arguments for an Ombudsman for we have been through them before but if you agree I shall knock up the necessary submission.

Pouffe

CODE 18-77

SS 10,76

28 June 1977

T Duffy

Hong Kong & General Department K 245

233 4377

1.

I am afraid I do not agree with Mr Duffy that we should now write formally to the Governor suggesting the appointment of an Ombudsman. Mr Stewart discussed this idea when he was in Hong Kong in March and my understanding is that it was left to the Hong Kong Government to (a) put proposals to us regarding the possible creation of an appellate and review body in respect of the ICAC and (b) let us have details of the present safeguards for the individual in connection with ICAC investigations (paragraphs 5-6 of the brief for Lord Goronwy-Roberts' meeting with Mr Cater on 29 June refer). I do not think it would be appropriate for us to take up this issue again with Hong Kong until we hear from them or Lord Goronwy- Roberts, perhaps as a result of his meeting with Mr Cater, directs us to do so. Incidentally, Mr Cater himself has said again today that he personally is in favour of an Ombudsman but I do not think that affects the question of how we proceed.

28 June 1977

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D.F. Millon

D F Milton

Hong Kong & General Department K 247

233 4381

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