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MR. SAMUEL P. W. WONG (in Cantonese):-Mr. Chairman, as the Deputy Chief Secretary Mr. Alan SCOTT pointed out in mid-August while introducing the document, the consultative document 'Redress of Grievances' is 'an unusual document'. It is unusual in that while Green Papers usually set out in detail proposals by the government, there is no declaring of the government's stand in it. It only tries to clarify and not defend existing avenues of complaint. No directions in which changes are to be made are proposed for the consideration of the public. It briefly reviews existing systems for redress and puts forward the proposal for creating a 'Commissioner for Administration'. On this, I would like to say a few words.
As mentioned in the consultative document, grievances of the public against action or non-action by government departments can be redressed through various channels. Over the years, District Boards, the Urban Council and OMELCO, the three channels of redress with which the public are more familiar, have been doing quite a satisfactory job. However, the resources, human and otherwise, incurred in the handling of complaints by these three avenues have been of a substantial amount. It should be feasible to create a Commissioner for Administration to coordinate the handling of complaints from different strata of society and thereby relieve the burden on OMELCO, the Urban Council and District Boards.
The document mentions that in western countries such as Sweden, Britain and France, authorities known as 'ombudsmen' or 'Commissioners for Administration' are appointed to handle complaints against government policies and maladministration. These arrangements are adapted to the political systems of their respective countries and each system has features that may not be found in others. The 'Commissioners for Administration' of these countries are appointed by and accountable to the legislature and not to the chief executive as proposed by the consultative document.
The 'ombudsman' system originates in Sweden in North Europe. In Sweden the ombudsman is appointed by the Parliament and is totally autonomous. He/she is only accountable to the law and is entrusted to monitor all hierarchies of the government. As public prosecutor, he/she directly handles complaints from the public and takes up prosecution. He/she can expose maladministration by the government, and only the Head of State and members of the Cabinet are free from his/her monitoring. In Britain, the 'ombudsman' has access to all government papers except those of the Cabinet. Though not having the power to change government policies and decisions, he/she, nevertheless, can arouse concern towards a case by submitting the investigation report to the member(s) of Parliament entrusting him/her with the work. The ombudsman' though appointed by the Prime Minister, is accountable to all members of Parliament and thus is quite independent.
I therefore opine that the 'Commissioner for Administration' should be accountable to the legislature and have sufficient statutory powers to carry out investigation as well as access to all government papers except confidential documents concerning the administration, the military and security.
With these words, Sir, I support the motion moved by our Vice-chairman.
MR. MAN SAI-CHEONG (in English):—Mr. Chairman,
1.
The Need to Evaluate the Existing Systems for the Redress of Grievances The Consultation Paper on the Redress of Grievances has proposed three options to further the development of systems for the redress of grievances. They are namely, to make no changes at present, to improve the existing channels of complaints and, to set up a new authority called the Commissioner for Administration to deal with specific complaints from public against administration, injustice and maladministration.
Before one decides which option is to be adopted, it would only be fair to weigh the strengths and weaknesses of the existing systems for redress of grievances against that of Commissioner for Administration. Unfortunately the Consultation Paper only gives a one-sided justification for the strengths of existing systems but fails to address on the limitations they now have in achieving the functions they intend to achieve or perceived to be able to achieve.
What Should a Model Commissioner for Administration be Like?
2. With reference to overseas experience, a Commissioner for Administration, to be effective enough to deal with specific complaints from the public against administrative injustice and maladministration, should possess the following qualities. He should be 1) legally established and conferred by statute; 2) manned by full-time staff of high calibre; 3) apolitical and impartial; 4) functionally autonomous; 5) external to administration; 6) operationally independent of both the legislature and the executive; 7) popularly accessible and visible; 9) client-centred but not anti-administration; 10) empowered to investigate, with access to files and documents and can interview government officials; 11) able to publicize the results of investigation but not to reverse administration action.
3.
Does the Urban Council Ward System Satisfy the Requirements of a Commissioner for Administration?
Being an Urban Councillor, it is befitting for me to address the specific subject of the Ward System as a channel for public complaint. When the Urban Council Ward System was first instituted in November 1965, it was not set up with the aims to handle complaints of maladministration. The main purpose was to 'give members of the public an opportunity to discuss at first hand with Urban Councillor any of their problems which related to matters falling within the jurisdiction of the Council'. Perhaps due to the lack of other independent channels for the redress of grievances and the presence of elected members in the Council who have won the trust of the public, the Ward System has been widely utilized by the public as a channel of consultation and complaints. An analysis on the statistics of consultation made in the Ward Offices in the past 10 years
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