XN000022-1996-10-30 — Page 37

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20.

Upon the completion of a formal investigation, the Commission is required to publish a report of its findings or make the report available for inspection by members of the public. In cases where a formal investigation is required by the Chief Secretary, the Commission has to submit its report to the Chief Secretary who shall cause the report to be published in an appropriate manner.

The above measures are intended to ensure that a formal investigation will be its conducted in a proper manner. Additionally, the Commission in exercising statutory powers is still subject to the normal principles of administrative law, through judicial review, thereby ensuring that it exercises its powers fairly and reasonably.

The Bill of Rights Ordinance binds the Government and all public authorities, which include the Equal Opportunities Commission. Hence, the Commission's administrative practices must meet the requirements of the Ordinance and must not arbitrarily or unlawfully interfere with a person's rights, in breach of the Ordinance.

End

Work and size of West Rail project team under review

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Following is a question by the Hon Choy Kan-pui and a written reply by the Secretary for Transport, Mr Gordon Siu, in the Legislative Council today (Wednesday):

Question:

Is the Government aware of:

(a)

(b)

(c)

the number of department heads at or above the assistant project manager and chief engineer levels of the West Rail Division in the Kowloon-Canton Railway Corporation (KCRC) holding Hong Kong permanent resident status, and the number of such staff who are Chinese;

the factors taken into account by KCRC in the employment of the above department heads, and whether such factors include the localisation of department heads;

whether open recruitment has been conducted in the employment of the above department heads; if so, whether the KCRC has accorded preference to those personnel who have taken part in the construction of the territory's Mass Transit Railway and the Airport Railway;