TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 129

CONFIDENTIAL

22

Note No. 4

PA

VISIT OF MINISTER OF STATE

LORD SHEPHERD

TO HONG KONG, MAY/JUNE 1969

Commissioner for Administration Ombudsmar in Hong Kong

The arguments for a statutory Commissioner (as opposed to the present administrative channels for redressing grievances) are

that he will be seen to carry out his duties :-

(a) from a detached and impartial position secured

in Jaw and

(b)

with the necessary legal powers to ensure full

enquiry.

On these criteria a Commissioner should be a more effective

instrument of enquiry into mal-administration, etc., than the

existing administrative machinery; and what is equally important,

would be generally regarded by the public as a more effective

instrument.

2. On the other hand it is evident that among unofficial members

of both Councils there is a substantial body of opinion that doubts

whether a Commissioner is necessary or could improve on the performance in this field of UMELCO. (We have incidentally no information about the number or outcome of complaints handled by UMELCO).

It is conceivable that there is an element of jealousy

or resentment at this threat of encroachment on their function of

investigating complaints from the public.

3.

The Governor's Budget Day Address at the end of February (extract attached) reflects certain reservations expressed by Unofficial Members of the Executive Council when earlier this

year the draft Commissioner for Administration Bill was considered.

In his speech the Governor said: "Personally I think it is a question which must stay open until we have improved the existing channels to the maximum extent". That was in effect the decision

taken by Executive Council and there the position seems to rest until next year. At the conclusion of his speech on this subject

心

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