TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 38

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S.C.M. Dost: Friday Movente 14, 1964

COPIES TO BE SENT TO UK

BILL ON OMBUDSMAN

PRODUCED

AT PRESS CONFERENCE

In its bid to have an Ombudsman appointed here, the Hongkong Branch of Justice yesterday produced extracts of Government's secret draft of the Commis- sioner for Administration Bill, 1969.

The extracts were sent anony- mously yesterday morning to the Secretary of the Hongkong Branch of Justice, Mr I. R. A. MacCallum.

Earlier, a Government spokes- man admitted existence of the draft Bill, but added that it was not for publication, and therefore it would not be re- leased to the public as request- ed by Justice in a letter to the Acting Colonial Secretary, the Hon D. R. Holmes.

Leaky tank

in Apollo is replaced

Cape Kennedy, Nov. 13. Lauh crews won & race with time and replaced a leaky hydrogen tank in the Apollo 12 moonship today and then re- sumed preparations for to- morrow's start of the nation's second lunar løluding mission. - Under a suddenly revised met of rules, Charles "Pete" Conrad, Richard Gordon and Alan Bean must get off between 11.22 am (00.22 HK/Time Saturday) and 2.27 pm (03.27 HIK Time Satur- day) or they and thousands of support personnel will have to wait until December 14. There is no second chance this month.

"

"We look real good now,' reported the Launch Operations Manager, Mr Paul C. Donnelly.

"The launch team has all the confidence in the world that we'll lift/off at 11.22 am tomorrow."

The weather and all other aspects of preparations for the start of the U.S.$350 million, ton- Aay expedition were reported

I-^ ”—UPI,

According to Mr MacCallum, copies of the draft would be sent to parliamentarians in the United King- dom to ask why the draft had been shelved by the Hongkong Govern- ment.

The Government spokesman said yesterday the controversial draft Bill was considered by the Executive Council on January 28, 1969. The draft was then deferred by the Governor on advice by the Execu tive Council so that Government could give consideration to the strengthening and re-organisation of UMELCO.

Working document ·

The spokesman added it was "only a draft Bill which is in the nature of a working document to indicate the form the legislation might take if necessary.

"No decision in principle has been taken by the Governor-in-Council as to the need or otherwise for legisla- tion on this subject."

Mr MacCallum said at a press conference yesterday the Hongkong Branch of Justice agreed with the draft in principle, but would have to look into "minor points" concerning methods of appointments, payments, etc.

The explanatory memorandum of the draft says: "This Bill seeks to es- tablish a Commissioner for Adminis- tration, whose functions would be to investigate complaints about ad- ministrative decisions reached by Government departments and other officials or semi-official organisations.

Ultimate responsibility

"The Bill is tended to provide for the ordinary citizen, some means whereby a person independent of the public service can investigate and report on grievances arising from administrative decisions, acts, recommendations or omissions. It will be noticed that the Commis- sioner reports to the Governor, on rests the ultimate local res-

ponsibility for the administration of the Colony."

The draft generally follows the New Zealand Parliamentary Com→ missioner (Ombudsman) Act al- though certain provisions were taken from the United Kingdom Parliamentary Commissioner Act,

1967.

It had been necessary to amend some parts of the New Zealand Act to accord more closely with the constitutional position of Hongkong.

Section 3 of the draft said the appointed Commissioner would hold office for three years.

Other points include:

Before investigating a decl- sion, the Commissioner should in- form the head of the department affected of his intention to conduct an investigation;

• Any person or department who may be criticised shall have an op- portunity to be heard;

Can certify

The Attorney General can cer- tify that the giving of information or answering questions can prejudice security, without consent of the Governor;

Reports of decisions are to be sent to the head of the department concerned and to the Governor;

Copies of the Commissioner's reports are to be made available to members of the Executive or Legis- lative Councils;

The Commissioner may enter and inspect any department; and

Any person giving false. statements to or who misleads the Commissioner could be Aned В maxlinum of $10,000.

Mr Holmes said he had explained the position of ombudsman to the Hongkong Branch of Justice Tuesday.

on

The draft was "one of many such working papers and it is not for pub- lication."

"As His Excellency stated, we be- lleve there should be a period of evaluation of the strengthened UMELCO before seeking to reach a final decision," said Mr Holmes.

Radio Hongkong

criticised

Justice noted with interest and concern that Radio Hongkong made no mention of its press conference, spokesman for Justice said last night.

He said he understood this was as a result of a directive issued to those responsible for programmes.

"A more gross example of in- terference with freedom of ex- pression it is hard to imagine and

+

Justice intends to raise the matter, in London," the spokesman said. "It is ironic that the Hongkong Government claims there is little public interest in an ombudsman and stifles its tame radio station so as to prevent any discussion of the issue.

"This is exactly the sort of administrative decision that would concern an ombudsman; is it realistic to expect members of UMELCO to take it up?"