XN000022-1992-07-29 — Page 8

WEDNESDAY, JULY 29, 1992

IT HAS BEEN SUGGESTED THE REFERRAL SYSTEM SHOULD BE WIDENED, THAT THE PUBLIC SHOULD BE GIVEN DIRECT ACCESS TO THE COMMISSIONER, AND THAT THE COMMISSIONER SHOULD BE EMPOWERED TO INITIATE

INVESTIGATION INTO ALLEGED MALADMINISTRATION AND HIS OWN VOLITION.

"THE EXISTING SYSTEM OF REFERRAL BY NON-OFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL IS то RECOGNISE THE PRINCIPLE THAT THE PROTECTION OF THE PUBLIC AGAINST ANY WRONGFUL ACTS OF THE EXECUTIVE AUTHORITIES IS A BASIC RESPONSIBILITY OF THE LEGISLATURE AND THE COURT," HE SAID.

BESIDES, THE SETTING UP OF THE COMAC OFFICE IS TO SUPPLEMENT AND STRENGTHEN THE EXISTING CHANNELS FOR THE REDRESS OF GRIEVANCES, NOT TO REPLACE OR CHANGE THEM.

THE PRESENT SYSTEM ENCOURAGES A COMPLAINANT ΤΟ MAKE USE OF EXISTING CHANNELS, WHICH VERY OFTEN CAN DEAL WITH COMPLAINTS MORE SPEEDILY AND CONVENIENTLY.

ONLY WHEN A COMPLAINT THROUGH EXISTING CHANNEL PROVES FUTILE WILL IT BE REFERRED TO THE COMMISSIONER, WHO WILL THEN CONDUCT A FORMAL INVESTIGATION.

THE MAIN ADVANTAGE OF WIDENING THE REFERRAL NET OR ALLOWING DIRECT PUBLIC ACCESS TO THE COMMISSIONER IS THAT IT WILL FACILITATE GREATER PUBLIC ACCESS TO COMAC.

IT WAS ESTIMATED THAT THE ADDITIONAL RESOURCES FOR A WIDENED REFERRAL NET AND FOR CONDUCTING PRELIMINARY INVESTIGATION INTO THE REFERRALS WOULD BE ABOUT TWO OR THREE TIMES THE AMOUNT OF CURRENT RESOURCES FOR COMAC.

ON THE JURISDICTION OF COMAT, MR NG SAID THERE HAD BEEN SUGGESTIONS TO EXTEND THE JURISDICTION TO COVER PUBLIC BODIES.

HE SAID THE EXECUTIVE ARMS OF MAJOR STATUTORY BODIES, SUCH AS THE URBAN SERVICES DEPARTMENT, THE REGIONAL SERVICES DEPARTMENT AND THE HOUSING DEPARTMENT WERE ALREADY WITHIN THE AMBIT OF COMAC.

"THE GOVERNMENT'S POLICY IS THAT MAJOR FUNCTIONS WHICH WERE HITHERTO PERFORMED BY THE GOVERNMENT SHOULD REMAIN WITHIN COMAC'S JURISDICTION UPON THEIR TRANSFER TO A PUBLIC CORPORATION OR STATUTORY BODY. THIS WAS WHY THE HOSPITAL AUTHORITY WAS BROUGHT UNDER THE PURVIEW OF COMAC IN DECEMBER 1991," HE SAID.

NATURE AND FUNCTIONS OF JURISDICTION TO EXISTING BASIS. THERE

HE ADDED THAT IN VIEW OF THE VARIED STATUTORY BODIES, THE EXTENSION OF COMAC'S STATUTORY BODIES WOULD BE CONSIDERED ON A CASE-BY-CASE ARE ABOUT 150 SUCH BODIES, MOSTLY ADVISORY IN NATURE.

TURNING TO THE QUESTION OF THE FINALITY OF COMAC'S FINDINGS, MR NG SAID THERE HAD BEEN A SUGGESTION THAT THE COMMISSIONER'S FINDINGS AND RECOMMENDATIONS SHOULD NOT BE SUBJECT ΤΟ JUDICIAL REVIEWS OR BE CALLED INTO QUESTION IN ANY COURT.

/"THE FACT