CONFIDENTIAL
BRIEF NO.13
VISIT OF MINISTER OF STATE FOR COMMONWEALTH AFFAIRS
TO HONG KONG
OCTOBER 1967
Ombudsman
The Hong Kong Government has made a study of the institution of
Ombudsman in Scandinavia and Now Zoaland. It has followed closely the stops
loading to the appointment of a Parliamentary Commissioner in the Uni tod
Kingdom.
2. For some years unofficial members of the Legislative and Executive Council (WLCO) have boon hearing and investigating complaints against
Botions and decisions of public officials.
They have an office and have
Recently they were
shared the duty of attending it on a rostor basis.
provided with a full-timo, paid Secretary, Details are not available here
of the exact way in which they operate.
3.
The institution of Omidoman or Farliationtary Commissioner might provide
a worthwhile independent ahock on exocutive actions in the classic system of Crown Colony government (as in force in Hong Kong). But the constitutional peculiarities will give rise to difficulties. One such difficulty is the question of to whom the Parliamentary Commissioner should report. Sovereign power does not rost with the Colonial legislature, which in Crown Colony Government is neither fully representativo nor responsible. It rests in the Colony with the Governor and, through him and the Commonwealth Secretary, ultimately with the United Kingdom Parliament. The non-representative nature of the local legislature raisos another difficulty that of devising an adequate sifting procedure before complaints are referred to the Parliamentary Commissioner. Those and other problems would require very careful
examination, both here and in Hong Kong.
4.
A goneral note prepared by Constitution and Flanning Department is
attached.
Hong Kong Department,
October 1967.
No comments yet.
Private notes are available after approval.