TNAG-0103-FCO40-139-Briefs-and-background-notes-for-Lord-Shepherd-1967 — Page 56

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

ONBUDSTIEN

:

An Ombudsman is an independent public officer charged with the

duty of investigating and reporting on cases of allegod mal-administration

y public authorities. Ho has no powers of intervention.

2.

To ensure that he is indopondent of the executive special arrangements are made as regards his appointment, temure of and romoval from office similar to those made in rolation to Auditora General, Directors of Public Prosecution etc., in advanced constitution.

3. Careful consideration is always given to the matters included in ær excluded from the Ombudsman's purview, The wider the exclusions, of courao, the less the public is impressed by the creation of the office. The following are some mattors that have been excluded in various countries:-

4.

The Governor and his porsonal staff (Hauritius)

The personal acts or decisions of Ministors

The exorcise of the perogative of meray

External affairs

Hattors affecting the security of the State

Matters in which there are statutory rights of appeal to

the Courts or to Tribunals

Order and discipline in the Armed Servicos

Personal matters in the public service

Honours

Commercial transactions.

Ombudsmon have always been closely associated with Parliaments. In Britain and New Zealand they are known as Parliamentary Coumissioners; though in Guyana and Mauritius (where no appointmont has yet boon made) they are to be known as "Ombudsmen”.

Procedure

5.

(a) The Ombudsman's main job is to deal with complaints;

but in some cases he may be instructod to hold an investigation (0.g. by the Governor) and in some he may hold investigations on his own initiative.

(b) His investigations are usually private and privileged, and

he has power to examine witnossos on oath, though not to require the disclosure of Cabinet proceedings.

(c) Individuals complained against and representatives of the

authorities concerned must be given opportunities to comment but are not entitled to be present throughout the investigation.

/(a) An

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