WEDNESDAY, AUGUST 20, 1986
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THERE IS A GROWING TENDENCY TO SEEK JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS THROUGH THE COURTS. THE COURT CAN SET ASIDE THE DECISION ON THE GROUNDS OF ILLEGALITY, IRRATIONALITY OR PROCEDURAL IMPROPRIETY. THE COURT MAY THEN ORDER THE AUTHORITY WHICH MADE THE ORIGINAL DECISION TO REVIEW THE DECISION, BUT IT WILL NOT DICTATE TO THE AUTHORITY WHAT THAT DECISION SHOULD BE.
THE DOCUMENT DESCRIBES THE WORK OF UMELCO IN HANDLING COMPLAINTS AND APPEALS. IN INVESTIGATING THESE UMELCO CAN CALL FOR THE RELEVANT PAPERS FROM GOVERNMENT DEPARTMENTS AND CAN QUESTION THE RESPONSIBLE PUBLIC OFFICERS IN PERSON. THEY ARE ABLE TO FOLLOW UP CASES THROUGH QUESTIONS ASKED IN THE LEGISLATIVE COUNCIL, OR TO SET UP THEIR OWN ENQUIRY.
WHEN THERE ARE POLICY IMPLICATIONS, THEY CAN BE PUT BEFORE THE RELEVANT UMELCO PANEL OR AN AD HOC GROUP CAN BE ESTABLISHED. THE DOCUMENT DESCRIBES UMELCO AS +THE APEX OF A PYRAMID OF AVENUES OF APPEALS+.
MEMBERS OF THE URBAN AND REGIONAL COUNCILS AND THE DISTRICT BOARDS RECEIVE COMPLAINTS AND REPRESENTATIONS. MOST OF THESE ARE RESOLVED SATISFACTORILY AT DISTRICT LEVEL BUT MEMBERS CAN TAKE FOLLOW-UP ACTION THROUGH THE MEETINGS OF THE COUNCILS OR THE BOARDS, OR BY TAKING THE CASE TO UMELCO.
OVER THE YEARS THERE HAVE BEEN STEADY IMPROVEMENTS IN THE CHANNELS FOR THE REDRESS OF GRIEVANCES. THE DOCUMENT ANTICIPATES THAT THIS TREND WILL CONTINUE +ESPECIALLY AS MEMBERS OF THE REPRESENTATIVE INSTITUTIONS BECOME MORE FAMILIAR WITH THE HANDLING OF COMPLAINTS AND THE REDRESS OF GRIEVANCES+.
HOWEVER, THERE HAVE BEEN PROPOSALS OVER THE YEARS FOR ADDITIONAL CHANNELS FOR THE REDRESS OF GRIEVANCES. IN MID-1985 IT WAS THOUGHT POSSIBLE THAT THE NEW TYPE OF UMELCO MEMBERS MIGHT FACE POSSIBLE CONFLICTS OF INTEREST BECAUSE OF THEIR IDENTIFICATION WITH PARTICULAR INTERESTS IN THEIR CONSTITUENCY.
IT WAS ALSO FEARED THAT THE INCREASING WORKLOAD OF UMELCO MEMBERS MIGHT PREVENT MEMBERS GIVING AS MUCH ATTENTION AS THEY WOULD WISH TO INDIVIDUAL CASES. IT HAS, HOWEVER, BECOME CLEAR BY THE END OF THE 1985-86 LEGISLATIVE COUNCIL SESSION THAT THESE PROBLEMS HAVE NOT IN FACT BEEN REALISED.
THE DOCUMENT NEXT DESCRIBES A POSSIBLE ADDITION TO THE SYSTEM IN HONG KONG AND LOOKS AT CERTAIN ISSUES WHICH WOULD NEED TO BE CONSIDERED BEFORE THE DECISION TO ESTABLISH SUCH A CHANNEL COULD BE MADE.
THE PAPER POINTS OUT THAT WHILE COMMISSIONERS FOR ADMINISTRATION OR OMBUDSMEN EXIST ELSEWHERE, EACH INSTITUTION HAS ITS OWN DISTINCTIVE FEATURES ADAPTED TO THE COUNTRY CONCERNED, SO IT WOULD NOT BE WISE TO IMPORT SUCH A SYSTEM WHOLESALE INTO HONG KONG.
THE DOCUMENT