TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 86

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

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JUSTICE HONG KONG BRANCH

the consensus was in favour of the institution of the Ombudsman system such as it prevails in Sweden, Denmark, Norway, New Zealand, Guyana and the United Kingdom, suitably adapted to the needs of the country. It was the general view that this system would be of considerable assistance to ensure both more efficient adminis- tration and more effective protection of civil and political rights. The Latin American countries none the less shared the view that the Ombudsman represents an effective instrument for the defence of human rights, and bespoke the assistance of the United Nations in preparing the ground for introducing the system throughout Latin America.

The Ombudsmen in New Zealand and in the Scandinavian countries have already had such a splendid record in securing redress for the individual citizen against the authorities and in protecting him against the growing might of multiplying officialdom, that it is natural that an interest in creating such an office is developing in many South-east Asian countries and in Australia.

The Committee on Economic and Social Development within the Rule of Law which formed part of the South-east Asia and Pacific Conference of Jurists, held at Bangkok by the International Commission of Jurists in 1965, recommended participating countries to examine the possibility of adopting the system. Clause XIV of the Con- clusions of the Committee runs as follows:-

"In the light of the experience gained in Scandinavia and New Zealand, it is recommended that nations of the Region should examine the possibility of adopting the "Ombuds- man" concept as a means of facilitating the correction of administrative errors and minimizing the possibility of maladministration. While adaptation to local circums- tances will be necessary, it is understood that the basic principles underlying such a concept are: the complete independence of the Office from the Executive; its full and untrammelled power, including access to files and the hearing of witnesses, to investigate complaints against

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