TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 139

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

This last point is advanced with some

diffidence because it is one that on careful

already have local examination may be ruled out for good ľ reason. But it is advanced as a possible point for discussion and one worth taking a look at because one of the practical problems to be faced in introducing a Commissioner in

Hong Kong may be the lack of a suitable "sifting" mechanism such as M.Ps. provide in the U.K. For want of it (and the draft Bill

provides the complainant with direct access to the Commissioner) he might be swamped with a vast number of complaints, mostly Frivial or misconceived.

Background

5. The Hong Kong Government have for several

years been considering the possibility of appointing a Parliamentary Commissioner for

Administration. They have made a study of

the Ombudsman systems in Scandinavia and

New Zealand, as well as that of the Parliament-

a ry Commissioner for Administration in Great Britain. But although they have reached the

stage of preparing a draft Commissioner for Administration Bill, it must be emphasised that they have not as yet reached any conclusion as to whether such an appointment should be made in the Colony. This was made clear in reply to Parliamentary Questions

on the subject by Mr. Rankin and Mr. Thornton

in December, 1968.

6. The draft Bill generally follows the line of the New Zealand Act (with modifica- tions to suit the constitutional position of Hong Kong), although certain provisions have been taken from the United Kingdom Parliamen- tary Commissioner Act 1967. The New Zealand model is considered by the Hong Kong Authorities to be less restrictive and to give the Commissioner more satisfactory powers to investigate and report on grievances.

Bill differs from other models in :

The

(a) providing that the Commissioner

reports not to the Legislature but

to the Governor: this is the only

arrangement consistent with the constitutional position. But there /is provision..