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A member of the Bills Committee considers that COMAC's jurisdiction should be expanded so that he may investigate all general complaints of maladministration on the part of the Administration. The Administration is strongly against this proposal. I shall explain our position during the committee stage.
Other members of the Bills Committee point out that our proposed amendments to Schedule 2 of the Ordinance seem to go further than our expressed intention in that it was not limited to actions involving the Police and the ICAC. The Administration accepts this point. I will therefore be moving a committee stage amendment to spell out more clearly our intention.
The Bill proposes two improvements to COMAC's working procedures. First, the existing secrecy provision under section 15 of the COMAC Ordinance is unnecessarily restrictive. The Bill seeks to facilitate COMAC and its staff in their investigation of complaints. The Bills Committee agrees with our proposal.
Secondly, the proposed amendment to section 16(1) of the COMAC Ordinance will make the reporting requirements of COMAC under the section discretionary instead of mandatory. This will enable COMAC to have more flexibility in handling simple and minor complaints so that he can put the resources available to him to the most effective use.
COMAC will exercise this discretion very carefully, taking into account the nature of individual complaint cases. He will continue to inform the complainant the result of his investigation and be required to provide a report on the outcome of his investigations to the head of an organisation concerned under section 17(2) of the Ordinance if he has not already done so under section 16(1). This proposal, too, has been approved by the Bills Committee.
Finally, the proposed change of COMAC's English title to "The Ombudsman" will reflect more accurately his present powers and jurisdiction which are now more akin to those of a traditional Ombudsman following the legislative changes effected in June 1994. It will also bring him into line with international practice. The Bills Committee has also agreed to this proposal.
Mr President, the Bills Committee has indicated support for the Bill, subject to the amendment of schedule 2, and one minor amendment to the Chinese text which I shall move during the committee stage. I hope that members of this Council will support these CSA's and the Bill as a whole and oppose the amendment that will be moved by the Honourable James To.
I would like to make it clear that for the reasons which I shall give during the committee stage, if these amendments are agreed to by this Council, the Administration will have no option but to withdraw the Bill before it is given its third reading. Thank you Mr President.
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