TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 196

2

CLAUSE

8 (cont'd)

Staff, think be

9(1)

public &wants?

Already commented

9(4)

Almaty lebiisited on

10(2)

Clorady

Comman

W

REMARKS

meaningful, the salaries etc. should be charged to the general revenue. On the other hand if clause 32 is to be meaningful with reference to staff salaries etc., the staff other than the Commissioner should be "complemented" in the ordinary way. short, do these stuff occupy posts? If so, they become public servants unless some special provision is made. Their pensionable position must also be made clear if the policy is that they are not to be public servants in the normal sense of the word."

The following additional point was raised by E Branch:

In

"Under clause 8(1) the question of which individuals are to be appointed is one for the Commissioner. If this is the intention, an amendment to the Public Services Commission Ordinance will be needed excluding the Commissioner and his staff from the purview of the P.S.C. Possibly this might place the Commissioner in an invidious position; on the other hand it may be specifically necessary?"

There is another aspect to this, again pointed out by Mr. Henderson.

"If the Commissioner appoints persons already within the public service, his decision cannot be over-riding since the public interest may dictate that the officers shall remain in the mainstream of the service. The Governor could then refuse to grant a salary under clause 8(3), but this would be ridiculous. No doubt in practice it would work out amicably, but the Commissioner might feel he was being balked if we refused to release a particular officer. suspected that clause 8(1) should be subject to the approval of the Governor or at the least consultation with him.

It is

"Hero again the matter really devolves on whether the staff are to hold pensionable offices and posts.

11

It appears that the ambit of this clause is far too restricted, since it excludes from the Commissioner's purview administrative functions of departments other than those conferred by law. of the phraseology of the UK Act is suggested:

11

Adoption

the Commissionor may investigate any action taken by or on behalf of a government department or other authority to which this Act applies, being action taken in the exercise of the administrative functions of that department or authority."

This seems to be a dangerous provision.

in the UK Act. Hong Kong laws:

It does not appear Suggest a check be made of such provision in there may be particular reasons for keeping them.

It would be convenient if the Governor in Council also had

The need to do so may power to add items to the Second Schedule. conceivably arise at short notice,

/12(2).....