NOTHING TO BE Written in THIS MARGIN
W(B)L 51-7406
VISIT
TO
OF MINISTER OF STATE (LORD SHEPHERD)
HONG KONG, MAY/JUNE 1969.
20 copies
CONFIDENTIAL
(Ombudsman)
Note No.
4
The Appointment of Commissioner for Administration 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 law;
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 informa- tion 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 the Governor said "By next year I would like to feel that this (UMELCO) and similar mechanisms
/ have
...
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