XN000022-1987-04-08 — Page 34

WEDNESDAY, APRIL 8, 1987

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CALL FOR CREATION OF COMMISSIONER FOR INVESTIGATIONS

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THE ESTABLISHMENT OF A POST OF COMMISSIONER FOR INVESTIGATIONS WAS CALLED FOR BY THE HON HELMUT SOHMEN TODAY (WEDNESDAY).

SPEAKING IN THE LEGISLATIVE COUNCIL DURING THE ADJOURNMENT DEBATE ON THE CONSULTATIVE DOCUMENT ON THE REDRESS OF GRIEVANCES, MR SOHMEN SAID THE COMMISSIONER MUST BE A PERSON WITH AN OUTSTANDING PERSONAL RECORD OF INTEGRITY, USE OF AUTHORITY AND LEADERSHIP WITHOUT HAVING BEEN, OR LATTERLY BEEN, A GOVERNMENT SERVANT.

HE SAID THE COMMISSIONER MUST BE INDEPENDENT AND ACCOUNTABLE ONLY TO THE LEGISLATIVE COUNCIL, TO WHICH AN ANNUAL REPORT OF THE COMMISSIONER'S ACTIVITIES SHOULD BE SUBMITTED BY THE CHIEF SECRETARY AND WITH THE CHIEF SECRETARY'S OWN OBSERVATIONS.

THE COMMISSIONER SHOULD ACT UNDER THE POWERS CONFERRED UPON HIM BY STATUTE AS THE INTERMEDIARY BETWEEN THE PEOPLE AND ALL EXECUTIVE BRANCHES OF THE GOVERNMENT. HE SHOULD BE CONCERNED PRINCIPALLY WITH MAL ADMINISTRATION AND ALLEGED MISUSE OR ABUSE OF GOVERNMENT AUTHORITY, BUT NOT WITH POLICY MATTERS OR THOSE CLEARLY FALLING WITHIN THE AMBIT OF THE COURTS.

FINDINGS OF THE COMMISSIONER WOULD BE CONSIDERED FINAL, INCLUDING THE FINDINGS AS TO HIS OWN JURISDICTION, AND NOT IN THEMSELVES BE SUBJECT TO ADMINISTRATIVE OR JUDICIAL REVIEW OR APPEAL OR PETITION PROCEDURES EXCEPT WHERE THE EXERCISE OF THE POWERS OF THE OFFICE OF THE COMMISSIONER ITSELF WAS BEING CHALLENGED IN THE COURTS.

MR SOHMEN SAID THAT ACCESS TO THE OMBUDSMAN FROM THE PUBLIC MUST BE DIRECT AND BE OPEN TO EVERY RESIDENT OF HONG KONG WITHOUT THE NEED FOR APPROVAL BY ANY AUTHORITY, BY MEMBERS OF THE LEGISLATIVE COUNCIL, OR BY SIMILAR PERSONS OR BODIES.

J

HE SAID THE EXISTING COMPLAINTS CHANNELS THE OMELCO COMPLAINTS DIVISION, URBAN COUNCIL WARDS, THE POLICE COMPLAINTS COMMITTEE, DISTRICT BOARD FUNCTIONS, DISTRICT OFFICES -- COULD BE ABOLISHED ON THE ESTABLISHMENT OF THE OMBUDSMAN'S OFFICE.

+THE RIGHT OF FORMAL APPEAL TO THE GOVERNOR AVAILABLE UNDER CERTAIN ORDINANCES SHOULD BE REVIEWED, BUT THEY TOGETHER WITH PETITIONERS TO THE GOVERNOR AND TO THE SECRETARY OF STATE AND HER MAJESTY THE QUEEN OUGHT GENERALLY TO BE RETAINED, HE ADDED.

IT MUST HOWEVER REMAIN POSSIBLE FOR MEMBERS OF THE PUBLIC TO BRING COMPLAINTS OF A POLICY NATURE TO THE ATTENTION OF MEMBERS OF THE LEGISLATIVE COUNCIL VIA THE AVENUE OF OMELCO PANELS OR LEGISLATIVE COUNCIL AD HOC GROUPS, WHILE THE INDEPENDENT COMMISSION AGAINST CORRUPTION SHOULD ALSO BE RETAINED TO DEAL WITH OFFENCES FOR WHICH IT HAD JURISDICTION, MR SOHMEN SAID.

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/HE SAID