1988 Ed.]
Commissioner for Administrative Complaints
[CAP. 397
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(a) the complaint, or a complaint of a substantially similar nature, has previously been the subject of an investigation as a result of which the Commissioner was of the opinion that there had been no mal-administration;
(b) the subject matter of the complaint is trivial;
(c) the complaint is frivolous or vexatious or is not made in good faith; or (d) any investigation or further investigation is for any other reason unnecessary.
(3) If the Commissioner decides not to undertake or continue an investigation into a complaint he shall inform the complainant, and the Member of the Legislative Council by whom the complaint was referred, of that decision and of his reasons.
Commissioner may undertake or continue investigation notwithstanding withdrawal of complaint
11. Where the Commissioner is of the opinion that it is in the public interest so to do, he may undertake or continue an investigation into a complaint notwithstanding that the complainant has withdrawn the complaint and, in any such case, the provisions of this Ordinance shall apply to the complaint and the complainant as if the complaint had not been withdrawn.
PART V
PROCEEDINGS
Proceedings of Commissioner
12. (1) Before investigating any action, the Commissioner shall inform the head of the department affected of his intention to conduct an investigation and may seek his comments.
(2) Subsection (1) shall not apply where the Commissioner thinks compliance is inappropriate in the particular circumstances of the case and, instead of complying with that subsection, informs the Chief Secretary of his intention to conduct an investigation.
(3) Subject to the provisions of this Ordinance, the Commissioner- (a) may hear or obtain information from such persons, and make such inquiries, as he thinks fit; and
(b) may regulate his procedure in such manner as he thinks fit.
(4) Every investigation shall be conducted in private and counsel and solicitors shall not have any right of audience before the Commissioner, but may appear before him if he thinks fit.
(5) It shall not be necessary for the Commissioner to hold any hearing and, subject to subsection (6), no person shall be entitled to be heard by the Commissioner.