TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 161

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

These points are in favour of the idea; but the limitations

I have mentioned on what the Commissioner can do, arising from the very legal powers he has, risks public disappointment and disillusion with him developing. On the other hand, honourable Members, for example, hearing complaints in the UMELCO office, may not be eapowered by law to investigate; but in practice I am assured they are not hampered by this, and receive all the official co-operation they require. This can be, and is, assured to them administratively, as a matter of courtesy, without recourse to a legal power. Moreover, they do not have to

refuse to hear any complaint: and they can seek solutions to a

complainant's problems in ways quite other than those which have

actually been sought, which is something a Commissioner could not

do. Much the same is true of the other channels of complaint we have, for example through the District Officers and the C.D.O. organization, or, indeed, by merely writing to Heads of Department or to me.

many complaints received in this way can be taken notice of although

merely verbal or even anonymous, whereas a Commissioner could not

countenance either.

Moreover

The first conclusion one must come to therefore is that the

existence of a Commissioner would not in any way reduce the need to

retain all our existing channels of complaint. But that leaves open the question whether we need a Commissioner as well. Personally, I think it is a question which must stay open until we have improved

the existing channels to the maximum extent. In this connection I

would like to repeat my previous offer to honourable Members: which

was, that I would be glad to recommend any further funds that may be

needed, or to help in any other way, to further the work of the UMELCO

office. I believe that honourable Members already have under considera-

tion ways in which their work might be assisted and I shall await their

recommendations with much interest. By next year I would like to feel

that this and similar mechanisms have everything needed to make them

work as effectively as possible, and that we are, by that much at least,

olearer on the need for a Commissioner.

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