TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 213

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

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(2) Any such rules may authorize the Commissioner from time to time,

in the public intcrest or in the interests of any person or department,

publish roports relating generally to the exercise of his functions under

this Ordinance or to any particular case investigated by him, whether or

not the matters to be dealt with in any such report have been the subject

of a report to the Legislative Council or the Governor under this Ordinance.

Mode of complaint.

PART IV

COMPLAINTS

12. (1) Every complaint to the Commissioner shall be made in writing

and may be in any language.

(Cap. 136)

(2) Notwithstanding any provision in any law, where a letter written

by a person in custody on a charge or after conviction of any offence, or

by any patient within the meaning of the Mental Health Ordinance, is addressed

to the Commissioner it shall be immediately forwarded, unopened, to the

Commissioner by the person for the time being in charge of the place where

the writer of the letter is detained or received.

Commissioner

to refuse to investigate certain

complaints.

13. Notwithstanding the generality of the powers conferred on the

Commissioner by this Ordinance, the Commissioner shall not investigate, or,

as the case may be, further investigate, any complaint if

(a) it relates to any decision of which the complainant has had

knowledge for more than twelve months before the complaint is

received by the Commissioner;

(b) it is made anonymously;

(c) the complainant cannot be identified or traced or is unwilling

to appear before the Commissioner to substantiate his complaint

orally; or

(a) it, or a complaint of a substantially similar nature has

previously been the subject of an invostigation.

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