XN000022-1987-04-08 — Page 24

WEDNESDAY, APRIL 8, 1987

22

(C) THE COMMISSIONER CANNOT ACT ON HIS OWN INITIATIVE NOR

CAN HE RECEIVE SUBMISSIONS DIRECTLY FROM MEMBERS OF THE PUBLIC.

MR CHEN SAID THAT UNLESS THE CONDITIONS HE OUTLINED WERE SATISFACTORILY MET, HE WAS NOT IN FAVOUR OF CREATING A COMMISSIONER

FOR ADMINISTRATION.

OMBUDSMAN SHOULD BE ACCOUNTABLE TO LEGCO

*****

THE INDEPENDENT STATUS OF AN OMBUDSMAN SHOULD NOT MAKE HIS PARTICULAR OFFICE A SEPARATE +EMPIRE+ OF THE GOVERNMENT, THE HON CHEUNG YAN-LUNG SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SPEAKING AT THE ADJOURNMENT DEBATE ON THE CONSULTATIVE DOCUMENT, ON REDRESS OF GRIEVANCES, MR CHEUNG SAID THE OMBUDSMAN'S APPOINTMENT, FUNCTIONS AND REMOVAL MUST BE HELD ACCOUNTABLE TO THE LEGISLATIVE COUNCIL.

MR CHEUNG FELT THAT THE COMMISSIONER FOR ADMINISTRATION SHOULD BE EMPOWERED TO INVESTIGATE COMPLAINTS IN RESPECT OF ALL GOVERNMENT DEPARTMENTS AND AUTHORITIES.

FOR THE SMOOTH WORKING OF THE CHECKS AND BALANCES OF THE MECHANISM IN PUBLIC ADMINISTRATION, CONSIDERATIONS SHOULD BE GIVEN FOR THE SETTING UP OF A SELECT COMMITTEE OF THE LEGISLATIVE COUNCIL TO DEAL WITH COMPLAINTS BY COUNCIL MEMBERS, WHO THOUGHT THAT THE COMMISSIONER FOR ADMINISTRATION HAD FAILED TO PERFORM HIS DEFINED DUTIES, HE SAID.

THE COMMITTEE MUST NOT ACT AS A COURT OF APPEAL FROM THE COMMISSIONER'S FINDINGS, BUT RATHER, AS AN AUTHORITY TO REVIEW HIS WORK SO THAT REMEDIAL MEASURES, SUCH AS REDEFINING THE JURISDICTION OF THE COMMISSIONER, MIGHT BE TAKEN FROM TIME TO TIME TO IMPROVE THE REDRESS SYSTEM, HE SAID.

HE BELIEVED THE EXISTENCE OF AN OMBUDSMAN SYSTEM OUGHT TO BE SEEN AS A STRONG PROFESSIONAL ARM OF OMELCO OR ITS SUPPLEMENT, RATHER THAN ITS REPLACEMENT IN THE AREA OF COMPLAINTS AGAINST ADMINISTRATION.

SPEAKING ON THE FUNCTION OF THE OMBUDSMAN, MR CHEUNG SAID IT SHOULD BE STRICTLY LIMITED TO ONE OF INVESTIGATING COMPLAINTS OF

INJUSTICE TO CITIZENS RESULTING FROM FAULTY ADMINISTRATION ON THE PART OF A GOVERNMENT DEPARTMENT, NOT AMOUNTING TO ILLEGALITY.

+THIS REFERS TO THE PROBLEM OF MALADMINISTRATION AND THE OMBUDSMAN IS A CHANNEL WHEREBY PRIVATE CITIZENS MAY LODGE THEIR COMPLAINTS AGAINST A PUBLIC AUTHORITY, WHICH HAS, THOUGH ACTING WITHIN THE LAW, FAILED TO OBSERVE THE PROPER STANDARDS OF ADMINISTRATIVE CONDUCT, HE ADDED.

1

L

/23