TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 67

OMBUDSMAN REPORT

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The Ombudsman should have all the powers of a Commissioner appointed under the Commissions of Enquiry Ordinance, Cap. 86.

The Ombudsman should not make any finding or comment that is adverse to any person unless he first gives that person an oppor- tunity to be heard.

Privilege

Communications, whether oral or written, to or by the Ombuds- man should be privileged in the same manner as if they were made in Court proceedings. The Ombudsman and his staff should not be liable to be called to give evidence in any Court in respect of any knowledge obtained in the exercise of their functions. There is precedent for legislation under this head in Section 22 of the New Zealand Parliamentary Commissioner (Ombudsman) Act of 1962.

CONCLUSIONS

1. The Ombudsman system is flexible and is capable of being

established in Hongkong.

2. There is an urgent need for an Ombudsman in Hongkong and

one should be appointed as soon as possible.

3.

4.

5.

6.

The system has a strong backing in Chinese history and its introduction can well be explained in terms of the Censorial System of Ancient China.

The existing avenues of voicing grievances are insufficient and ineffective in procuring investigation or obtaining remedies for wrongs.

The institution contributes to the well being of society by tending to strengthen public confidence in the authorities. The institution will supplement and not supersede or supplant the functions of Umelco, the Urban Council Ward System or the City District Officers.

7. The Ombudsman should have extensive powers to make in- vestigations into grievances alleged by members of the public against any Government Department or official, and persons giving information to the Ombudsman in good faith will not be subject to legal proceedings.