TNAG-0120-FCO40-156-Lord-Shepherd-s-visit-1969 — Page 35

CONFIDENTIAL

QUESTION OF COMMISSIONER FOR ADMINISTRATION IN HONG KONG Extract from H.E. the Governor's speech on Budget Day (26/2/69)

Next, there is the difficult question of whether we should

have an Omoudsman: or rather an office similar to that of the

Parliamentary Commissioner in UK or in New Zealand; for Ombudsman

is a term wholly inappropriate to constitutional forms of the

British type, As a result of much careful study, we are now reasonably clear how a Commissioner of this kind, with rowers

based rathe? more on those of the New Zealand Commissioner than

on those of the more restricted British Commissioner, could be fitted into the Hong Kong scene.

But should we have une? This is by no means as certain as

some advocates suggest. The image of these Commissioners as all-

powerful rectifiers of all grievances is of course very far from

the truth. They have 110 executive powers whatever, and can only

report their findings. The essential point about such Commissioners

is that they have legal powers of investigation: but where a legal

power is granted, tnat power naturally has to be legally circum- scribed. If, as a result, the Commissioner finds he has no power to investigate in any particular case, the complainant is told so

and that is the end of the matter. I am told thai in New Zealand,

for example, some 40% of all matters referred to the Parliamentary

Commissioner are thus rejected; nor does this mean, of course, that the remaining complaints were found to have substance only that it was found permissible to investigate them and make a report. There the Commissioner's powers end. It seems to me we need systems

of dealing with complaints more flexible and effective than this:

and that indeed, as I have said before, in essence we have them.

A Commissioner would to some extent be helped by legal powers of investigation perhaps, although I am not sure the public would welcome his power to compel them as witnesses. The grant of legal powers might also help to inspire confidence in him. Moreover

Commissioners of this kind have been shevn elsewhere to provide a

very useful protection for the public service by refuting allega- tions maue against them: and of course they do certainly turn up occasional mistakes, mis judgments and so on.

CONFIDENTIAL

/ These

...