WEDNESDAY, APRIL 8, 1987
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HE SAID IT WAS DIFFICULT TO COME TO A CONCLUSION WHETHER TO SUPPORT THE IDEA OF ESTABLISHING A COMMISSIONER FOR ADMINISTRATION, BECAUSE THE CONSULTATIVE PAPER DID NOT DESCRIBE PRECISELY THE SORT OF ORGANISATION THAT THE COMMISSIONER FOR ADMINISTRATION WAS LIKELY TO BE IN TERMS OF ITS POWERS AND TERMS OF REFERENCE.
HE SAID HE COULD ACCEPT THE IDEA OF CREATING A COMMISSIONER FOR ADMINISTRATION UNDER TWO CONDITIONS.
FIRST, IF THE COMMISSIONER FOR ADMINISTRATION WAS ESTABLISHED HE MUST BE GIVEN SUFFICIENT POWER WHICH SHALL BE NO LESS THAN THOSE PRESENTLY ENTRUSTED TO OMELCO MEMBERS TO ENABLE HIM TO FUNCTION EFFECTIVELY.
IN ADDITION, IT MUST BE CLEARLY ESTABLISHED, PREFERABLY BY LEGISLATION, THAT HIS FINDINGS AND RECOMMENDARIONS WERE FINAL.
MR CHEN SAID ONCE A COMPLAINANT HAD CHOSEN TO TAKE HIS CASE TO THE COMMISSIONER FOR ADMINISTRATION, HE MUST ACCEPT AND RESPECT THE COMMISSIONER'S DECISION AS FINAL. NO FURTHER APPEALS COULD BE MADE UNLESS THE COMPLAINT BECAME A MATTER FOR THE JUDICIARY.
HE SAID THE REASON WAS SIMPLE: +WE MUST BEAR IN MIND THAT THE PURPOSE FOR THE ESTABLISHMENT OF THE COMMISSIONER FOR ADMINISTRATION IS TO IMPROVE UPON THE EXISTING SYSTEM,
+IF HIS DECISIONS CAN BE CHALLENGED THUS THE COMPLAINT CAN BE PURSUED ELSEWHERE, THE COMMISSIONER FOR ADMINISTRATION WOULD BECOME JUST AN ADDITION TO THE MANY ALREADY EXISTING CHANNELS OF REDRESS AND THE PURPOSE OF ITS ESTABLISHMENT WOULD BE TOTALLY DEFEATED.+
SECONDLY, HE PROPOSED THAT THE COMMISSIONER FOR ADMINISTRATION SHOULD ONLY DEAL WITH COMPLAINTS REFERRED TO HIM BY LEGISLATIVE COUNCIL MEMBERS.
+THIS IS A FILTERING OR SCREENING PROCESS NECESSARY TO ENSURE THE COMMISSIONER FOR ADMINISTRATION IS NOT TO BE OVER-BURDENED WITH INDISCRIMINATE COMPLAINTS, WHICH IS ESSENTIAL FOR HIS EFFECTIVE OPERATION.
+ IN FACT IT IS ALSO IN LINE WITH THE PRACTICE ADOPTED IN THE UNITED KINGDOM PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION, MR CHEN EXPLAINED.
[
HE THEN PROPOSED THAT THE TERMS OF REFERENCE OF THE HONG KONG COMMISSIONER BE MODELLED ON HIS UNITED KINGDOM COUNTERPART:
(A) HIS AUTHORITY IS TO BE PRESCRIBED BY LAW;
(B)
THE COMPLAINT SHOULD BE MADE TO A LEGISLATIVE COUNCIL MEMBER WHO SHALL THEN REFER IT TO THE COMMISSIONER FOR ADMINISTRATION, AND
/(C) THE COMMISSIONER