TNAG-0008-FCO40-44-Proposal-to-appoint-Ombudsman-1967 — Page 21

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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ORIGINAL ON

TC 13/2

OMBUDSIN

An Cabudsman is an independent public officer charged with tho duty of investigating and reporting on cases of alleged miladministration by public authorities. He has no powers of intervention.

2.

To ensure that he is independent of the executive special arrangements are made as regards his appointment, tenure of and renoval from offico similar to those mado in relation to Auditors General, Directors

of Public Prosecution etc., in advanced constitutions.

3.

Careful consideration is always given to the matters included in or excluded from the Ombudsman's purview. The wider the exclusions, of course, the less the public is impressed by the creation of the Office. The following are somo matters that have been excluded in various

countries:-

The Governor and his personal staff (Mauritius);

The personal acts or decisions of Ministers.

The exercise of the perogative of mercy.

External affairs.

Matters affecting the security of the state.

Katters in which there are statutory rights of appeal to the Courts

or to Tribunals.

Orders and discipline in the armed servicos.

Personnel matters in the public service.

fionours.

Commercial transactions.

Ombudsmen have always been closely associated with Parliaments.

In Britain and New Zealand they aro Imcım as Parliamentary Commissioners; though in Guyana and Mauritius (where no appointmont

"Ombudsmen". has yet been made) they are to be known as

Procedure

5.

(a)

The Ombudsman's main job is to deal with complaints; but in some cases he may be instructed to hold an investigation (c.c. by the Governor) and in sono ho may hold investigations on

his om initiativo.

(b) His investigations are usually private and privileged, and he has power to examine witnesses on oath, though not to require the disclosure of Cabinet proceedings.

(0)

ed

Individuals' complaint against and reprosentatives

/of

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