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MONITORING GOVERNMENT ACTIONS AND PRACTICES
WEDNESDAY, JULY 14, 1993
THE SAME APPLIES TO THE MONITORING OF GOVERNMENT ACTIONS AND PRACTICES, EXCEPT THAT IN THIS CASE, AN ADDITIONAL SAFEGUARD IS
THAT, WHERE THE GOVERNMENT HAS BY ITS ADMINISTRATIVE ACTION ALLEGEDLY BREACHED THE BOR, THE OFFENDED INDIVIDUAL COULD SEEK LEGAL REMEDIES THROUGH THE COURTS. APART FROM THAT, THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS IS EMPOWERED TO INVESTIGATE COMPLAINTS THAT FALL WITHIN HIS REMIT IN RELATION TO ALLEGED MALADMINISTRATION. "MALADMINISTRATION" COVERS ABUSE OF POWER INCLUDING ANY ACTION IS UNREASONABLE, UNJUST, OPPRESSIVE OR IMPROPERLY DISCRIMINATORY. WOULD INCLUDE ADMINISTRATIVE ACTS WHICH MAY HAVE BOR IMPLICATIONS. THIS CONNECTION, MEMBERS WILL PROBABLY BE AWARE OF THE VARIOUS LEGISLATIVE PROPOSALS TO STRENGTHEN THE COMAC REDRESS SYSTEM WHICH WILL BE INTRODUCED INTO THIS COUNCIL NEXT WEDNESDAY. ONE OF THE PROPOSALS WILL MAKE THE COMAC MORE ACCESSIBLE TO THE PUBLIC.
WHICH
IT IN
THERE ARE OTHER EXISTING AVENUES FOR REDRESSING GRIEVANCES ARISING FROM HUMAN RIGHTS INFRINGEMENTS CONCERNING SPECIFIC LAW ENFORCEMENT AGENCIES SUCH AS THE POLICE COMPLAINTS COMMITTEE AND ICAC COMPLAINTS COMMITTEE.
RESOLVING DISPUTES THROUGH RECONCILIATION OR ADJUDICATION
WE HAVE RESERVATIONS ABOUT A HUMAN RIGHTS COMMISSION'S ROLE IN DISPUTE RESOLUTION, AT LEAST IN THE HONG KONG CONTEXT.
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RECONCILIATION, A LESS FORMAL WAY OF RESOLVING DISPUTES, IS EXPEDIENT FOR DEALING WITH ACTIONS BETWEEN PRIVATE PARTIES AN ARBA EXCLUDED FROM THE BOR ORDINANCE. FULL-FLEDGED JUDICIAL INTERVENTION, ON THE OTHER HAND, IS OFTEN WARRANTED IN A CASE OF ALLEGED GOVERNMENT BREACH, FOR THE CHANCES ARE THAT THE BREACH HAS A GREATER IMPACT ON THE INDIVIDUAL. IN FACT, MOST BOR DISPUTES HAVE HITHERTO ARISEN FROM URIMINAL PROCEEDINGS, IT IS HARD TO IMAGINE THESE DISPUTES BEING DEALT WITH BY A HUMAN RIGHTS COMMISSION.
THERE ARE OTHER RAMIFICATIONS. IN HONG KONG, BOR DISPUTES ESSENTIALLY CONCERN QUESTIONS OF LAW AND STATUTORY INTERPRETATION, UNLESS A COMMISSION'S LEGAL RULING IS FINAL, IN WHICH CASE THE COMMISSION WILL ASSUME A LAW-MAKING ROLE, THE COURTS WILL REMAIN THE FORUM OF LAST RESORT. IF THE COURTS DO REMAIN THE FORUM OF LAST RESORT, AND MOST COMMISSION CASES END UP IN THE COURTS, THE ROLE OF THE COMMISSION AS A SEPARATE ADJUDICATING BODY WILL BE THROWN IN DOUBT. IF, ON THE OTHER HAND, MOST CASES GO NO FURTHER THAN THE COMMISSION, DEVELOPMENT OF LOCAL JURISPRUDENCE WILL BE ADVERSELY AFFECTED, AT LEAST IN THE EARLY STAGES.
OTHER DIFFICULTIES INCLUDE DEFINING THE COMMISSION'S POWERS AND STAFFING IT WITH THE RIGHT CANDIDATES. ALL THESE STRENGTHEN OUR BELIEF THAT BOR DISPUTES ARE BEST RESOLVED THROUGH THE JUDICIAL PROCESS. AND I HAVE TO SAY, THEY ARE BEING DONE VERY ACTIVELY BY COURTS.
THE
/THERE IS