XN000022-1996-07-10 — Page 26

Reporting Requirement

COMAC also finds that the present reporting requirement in the Ordinance poses problems for the efficient discharge of his functions in view of the large increase in the number of complaints made to his office. This is particularly so in respect of simple complaints where the organisation being complained against agrees with his findings and recommendations. COMAC wishes to have greater flexibility in handling simple and minor complaints. We therefore propose that the reporting requirements set out in section 16(1) of the Ordinance, i.e. when COMAC has formed a view that there is maladministration or inadequacy on the part of an organisation being investigated, should be made discretionary instead of mandatory. However, section 17(2) of the Ordinance would still require COMAC to inform the organisation affected of the outcome of his investigations.

Change in Title

COMAC considers that his powers and jurisdiction are now more akin to those of a traditional ombudsman following the legislative changes effected in June 1994. He has proposed that his English title be changed to "The Ombudsman" as this would facilitate his contacts with his overseas counterparts. This proposal is now implemented in the Bill.

I commend the Bill to Honourable Members.

End

Prevention of Bribery (Miscellaneous Provisions) Bill

**

Following is the speech by the Attorney General, the Hon Jeremy Mathews, at the resumption of second reading debate on the Prevention of Bribery (Miscellaneous Provisions) (No 2) Bill 1995 in the Legislative Council today (Wednesday):

Mr President,

I wish to thank the Chairman of the Bills Committee, the Hon James To, and members of the Committee for their thorough scrutiny of this important Bill. The debate in the Chamber this afternoon, serious and high-minded, underscores the importance this Council and the community attach to the work of the ICAC, while reflecting proper concerns over checks and balances over the use of the ICAC's powers.