TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 126

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

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(b) The "Ward" system of the Urban Council

Under this system members of the Council set aside specified

periods during which they receive complaints from members

of the public.

(c) The City District Officer scheme

A description of this scheme which was introduced at the beginning of 1968 was given by Mr. Whitlock in reply to a

Question by Mr. Royle in the House of Commons on 12 March, 1968. The scheme has proved most popular and is providing a useful avenue for the ventilation of grievances.

Constitutional difficulties

6.

The institution of Ombudsman might provide a worthwhile

independent check on executive actions under the system of Crown Colony Government in force in Hong Kong, but the constitutional position of the Colony would present difficulties. One such difficulty is the question of to whom the Ombudsman should report. Sovereign power does not rest with the Colonial Legislature, which

in Crown Colony Government is neither fully representative nor

responsible. It rests in the Colony with the Governor and through him to the Secretary of State and ultimately with the United Kingdom

Parliament. The non-representative nature of the local legislature raises another difficulty that of devising an adequate sifting procedure before complaints are referred to the Ombudsman. This and other problems require careful examination both here and in

Hong Kong.

Present Policy

7. The whole matter was discussed by Lord Shepherd with the

(36) Prev Governor during the Minister's visit to Hong Kong in June 1969 and

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as a result of those discussions it was agreed that no conclusion should be reached on the question of the appointment of an Ombudsman until the possibility had been fully explored of developing the machinery which already existed for enabling the people of Hong Kong to make known their views and grievances to the authorities.

remains the policy today.

This

/ 8.

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