TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 227

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20

SECOND SCHEDULE

DECISIONS OR MATTERS NOT SUBJECT TO INVESTIGATION

s. 107

1.

Any decision in respect of which there is, under the provisions

of any law, a right of appeal or objection, or a right to apply for a

review, on the merits of the case, to any court, or to any tribunal consti- tuted by or under any law, whether or not that right of appeal or objection

and whether or not or application has beon exorcised in the particular case,

any time prescribed for the exercise of that right has expired.

2.

Any decision of any person in his capacity as a trustee.

3. Any decision of any person acting as legal adviser to the Crown

or acting as counsel for the Crown in relation to any proceedings.

4. Any decision taken in matters certified by the Colonial Secretary

as affecting relations or dealings between the Government of the United

Kingdom or the Government of Hong Kong and the Government of any other

country or any international organization.

5. Any decision taken by the Governor under the Extradition Act

(1870 c.52.) 1870 or the Fugitive Offenders Act 1967. (1967 c. 68.)

1957 c.53 1955 c.18 1955 c.19

6. Any decision taken for the purposes of investigating crime or of

Hong Kong protecting the security of the State, including action so taken with

respect to passports.

7. The commencement or conduct of civil or criminal proceedings

before any court of law in Hong Kong or of proceedings in Hong Kong under

the Naval Discipline Act 1957 the Army Act 1955 or the Air Force Act 1955.

8. Any exercise of the prerogative of mercy.

9.

Any decision taken in respect of appointments or removals, pay, discipline, pension, superannuation or other personnel matters, in relation

to

(a) service in any office or employment under the Crown or under any

department; or

(b) service in any office, or under any contract for services, in

respect of which power to take action, or to determine or approve