TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 64

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JUSTICE HONG KONG BRANCH

Manner of Receiving Complaints

Your Committee recommends that the Ombudsman should only consider complaints reduced into writing from the public and that any unofficial or ordinary member of the Executive, Legislative or Urban Councils may in writing bring to his attention any case which will then be treated as a written complaint.

Fees

We recommend a small fee of $20.00 to accompany written complaints to discourage frivolous ones but the Ombudsman shall have the power to waive the fee in cases of poverty or other special

reason.

Time Limitation of Complaints

Complaints should be limited to events that have happened within the past 20 years.

General Jurisdiction

In view of the serious absence of administrative remedies in Hongkong under existing legislation, (there are few of the wide variety of administrative tribunals which have long existed in the United Kingdom) Hong Kong would do well to endow its Ombuds- man with powers to investigate both complaints about the exercise of a discretion and complaints about maladministration. Apart from receiving complaints we recommend that the Ombudsman be enpowered to take action on his own motion.

Scope of Jurisdiction and Powers

We recommend that the Ombudsman shall report to the Governor for appropriate action to be taken and that the report be forwarded to the Secretary of State and published quarterly.

As in the United Kingdom the Ombudsman and his staff will be subject to the Official Secrets Act. His report shall be open to debate in the appropriate Councils. i.e., Executive, Legislative, and/ or Urban.