similar office. They have made a study of the ombudsman systems
in Scandinavia and New Zealand as well as of that in Great Britain.
However, they have not as yet reached any conclusion as to whether
or not such an appointment should be made. It is evident that
among unofficial members of both the Executive and Legislative
Councils there is a substantial body of opinion which doubts
whether an ombudsman is necessary or whether such an appointment
could make for any improvement on the facilities already offered
in this field by the UMELCO office (see paragraph 2 of Notes for
Supplementaries).
Constitutional Difficulties
5. The institution of ombudsman or Parliamentary Commissioner
might provide a worthwhile independent check on executive actions
under the system of Crown Colony Government as in force in Hong
Kong; but the constitutional peculiarities would give rise to
difficulties. One such difficulty is the question of to whom the
ombudsman should report. Sovereign power does not rest with the
Colonial Legislature, which in Crown Colony Government is neither
fully representative hor responsible. It rests in the Colony with
the Governor and through him to the Secretary of State and
ultimately with the United Kingdom Parliament.
The now
representative nature of the local Legislature raises another
difficulty that of devising an adequate sifting procedure
before complaints are referred to the ombudsman. These and other
problems require very careful examination both here and in Hong
Kong.
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