6
CAP. 397]
Commissioner for Administrative Complaints
[1988 Ed.
Determination of questions relating to Commissioner's authority
9. In determining whether to undertake, continue or discontinue an investigation, the Commissioner shall, subject to the provisions of this Ordinance, act in accordance with his own discretion; and any question whether a complaint is duly made under this Ordinance shall be determined by the Commissioner.
PART IV
COMPLAINTS
Restrictions on investigation of complaints
10. (1) Notwithstanding the generality of the powers conferred on the Commissioner by this Ordinance, the Commissioner shall not undertake or continue an investigation into a complaint-
(a) if it relates to any action of which the complainant has had actual knowledge for more than 24 months before the complaint is received by the Commissioner, unless the Commissioner is satisfied that in the particular circumstances it is proper to conduct an investigation into a complaint not made within that period;
(b) if the complaint is made anonymously;
(c) if the complainant cannot be identified or traced;
(d) if the complaint is not made by the person aggrieved himself or, where the person by whom the complaint might have been made has died or is for any reason unable to act for himself, by his personal representative or by a member of his family or other individual suitable to represent him; or
(e) if the complaint relates to any action in respect of which the complainant has or had-
(i) under any Ordinance, a right of appeal or objection, or a right to apply for a review, on the merits of the case, to the Governor, the Governor in Council, any tribunal constituted by or under any Ordinance, or any board or other authority so constituted; or
(ii) a remedy by way of proceedings in a court, other than by way of judicial review, or in any tribunal constituted by or under any Ordinance,
unless the Commissioner is satisfied that in the particular circumstances it is not reasonable to expect the complainant to resort or to have resorted to that right or remedy.
(2) The Commissioner may in his discretion decide not to undertake or continue an investigation into a complaint, if he is of the opinion, having regard to all the circumstances of the case, that-