CONSTITUTION AND ADMINISTRATION
36
In January 1990, the government took up the commissioner's request for a review of the Commissioner for Administrative Complaints Ordinance. Two major issues were addressed in this review, namely, the present referral system whereby maladministration complaints may only be referred to the commissioner by non-official members of the Legislative Council and the commissioner's jurisdiction over public bodies.
The government concluded that, given that 18 members would be elected directly for the first time to the Legislative Council from geographical constituencies in September 1991, the effect of this development on the existing referral system should be carefully assessed before giving further consideration to changing the system of access to the commissioner and the resource implications of any extended system. This course of action was also prudent in the prevailing budgetary climate. The government planned, however, to review the existing access system in mid-1992 when the newly-constituted Legislative Council would have operated for some time.
On the question of the commissioner's jurisdiction over public bodies, the government's conclusion was that in principle major functions which were hitherto performed by the government, such as hospital services, should remain within the commissioner's jurisdiction upon their privatisation or corporatisation. The government was prepared to consider on a case-by-case basis the extension of the commissioner's jurisdiction to existing statu- tory bodies:
Between January 1 and December 31, 1990, a total of 165 complaints were received by the office. Together with 52 cases carried over from the previous year, there were in all 217 cases for disposal. During the year, 165 cases were completed. Of these, 105 were investigated, and five (4.8 per cent) were found to be substantiated in whole and 46 (43.8 per cent) in part. In 54 cases (51.4 per cent), the complaints were found to be unsubstantiated. Recommendations for remedial action were made in 63 instances and accepted by departments in 61 cases. During the same period, 145 enquiries were also received, some of which could lead to formal complaints being lodged to the office at a later date.
Office of the Director of Audit
The necessity for an audit presence was recognised in the very early days of Hong Kong and the Audit Department is in fact one of the oldest departments, an Auditor-General having been first appointed in 1844, only three years after the cession of the territory.
Presently, the audit of the accounts of the Hong Kong Government is carried out under the terms of the Audit Ordinance enacted in 1971, which provides for the appointment, security of tenure, duties and powers of the Director of Audit, for the submission of annual statements by the Director of Accounting Services, for the examination and audit of those statements by the Director of Audit, and for the submission of the latter's report thereon to the Governor as President of the Legislative Council. Certain specific duties relating to the examination, audit, reporting and certification of the government's accounts, are prescribed in the ordinance and wide powers are given to the director regarding his access to books, documents and records, and the explanations which he may require. Moreover, as in the performance of his duties and the exercise of his powers the director is not subject to the direction or control of any other person or authority, considerable discretion is given to him in the conduct of his inquiries and he is free to report publicly as he sees fit. Therefore, the director functions independently of the Administration.