XN000022-1992-03-25 — Page 9

WEDNESDAY, MARCH 25, 1992

ATTORNEY GENERAL ON BCC COMPLAINTS

*

THE

THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, EXPLAINED WHY ATTORNEY GENERAL'S CHAMBERS RAISED TWO QUESTIONS WITH THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS IN RELATION TO THE COMMISSIONER'S INVESTIGATION OF COMPLAINTS THE BANK OF CREDIT AND COMMERCE (HK).

OVER

THE

CLOSURE

OF

IN A WRITTEN REPLY TO A QUESTION BY THE HON EMILY LAU AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY), MR MATHEWS SAID THE ATTORNEY GENERAL'S CHAMBERS WAS REQUESTED TO ADVISE THE SECRETARY FOR MONETARY AFFAIRS ON A MEMORANDUM DATED OCTOBER 4, 1991 FROM THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS.

OF

THE

AS A RESULT TWO QUERIES WERE RAISED WITH THE COMMISSIONER.

JURISDICTION FIRST CONCERNED

AND RELATED TO

10 SECTION

THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS ORDINANCE AND THE SECOND CONCERNED SECTION 12(6) OF THAT ORDINANCE.

POINTED ON THE QUESTION OF JURISDICTION, MR MATHEWS

OUT THAT NOT SECTION 10 OF THE ORDINANCE PROVIDED THAT THE COMMISSIONER SHOULD UNDERTAKE OR CONTINUE AN INVESTIGATION IF THE COMPLAINT RELATED ΤΟ ACTION IN RESPECT OF WHICH THE COMPLAINANT HAD A REMEDY BY PROCEEDINGS IN COURT UNLESS THE COMMISSIONER WAS SATISFIED THAT IN THE PARTICULAR CIRCUMSTANCES IT WAS NOT

ΤΟ EXPECT THE COMPLAINANT TO RESORT TO THAT REMEDY.

REASONABLE

A

THE SECTION WAS BROUGHT TO THE ATTENTION OF THE COMMISSIONER BECAUSE SHORTLY AFTER THE COMPLAINTS WERE MADE TO THE COMMISSIONER, BANK OF CREDIT AND COMMERCE DEPOSITOR ISSUED COURT PROCEEDINGS AGAINST THE COMMISSIONER OF BANKING SEEKING DAMAGES FOR HIS LOSS.

MR MATHEWS NOTED THAT THE COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS HAD RECOMMENDED IN HIS DRAFT REPORT THAT IF THE COMPLAINANT WISHED TO PURSUE A CLAIM FOR COMPENSATION, HE MIGHT TAKE THE MATTER TO COURT.

ON NOVEMBER 4, 1991, THE COMMISSIONER STATED THAT HE WAS SATISFIED THAT HE HAD JURISDICTION TO UNDERTAKE AN INVESTIGATION THE COMPLAINT.

INTO

IT

FOR

ANY

THE SECOND QUESTION RELATED TO SECTION 12(6) OF THE ORDINANCE WHICH PROVIDES THAT IF DURING THE COURSE OF AN INVESTIGATION, APPEARS TO THE COMMISSIONER THAT THERE MAY BE SUFFICIENT GROUNDS

CRITICISE HIM TO MAKE ANY REPORT THAT MAY

OR ADVERSELY AFFECT OFFICER, HE SHALL GIVE THE OFFICER AN OPPORTUNITY TO BE HEARD.

"ALTHOUGH THE COMMISSIONER HAD SAID ON OCTOBER 4 THAT HE COMPLETED HIS INVESTIGATION, HE HAD NOT AT THAT STAGE INTERVIEWED COMMISSIONER OF BANKING OR INDEED HAD ANY

DIRECT

COMMUNICATION

HAD

THE

WITH

HIM.

/"ON OCTOBER