2600224 C.S. 84
XCR(69)9
RESTRICTED CONFIDENTIAL
2
5
As will be seen, the bill covers a wide range of decisions taken in Government departments (clause 9 and the first schedule), although there are a number of matters (clause 10 and the second schedule) which are not subject to investigation. These are based on the lists of excluded matters in the New Zealand and United Kingdom statutes (with the addition of any decision taken personally by the Governor). It may be necessary to add further exclusions after consultations with Heads of Departments. Paragraph 1 of the second schedule excludes decisions in respect of which a right of appeal is provided by law to any court, the Governor, the Governor in Council or any tribunal or board,
6
As will be seen from clause 12 of the bill, every complaint made to the Commissioner would require to be made in writing. It could be made in the Chinese or English language, and it is to be expected that most com- plaints would be from Chinese-speaking persons. This would mean that the staff of the Commissioner would need to be to a large extent Chinese-speaking and able to handle correspondence in Chinese. In the UK, the Commissioner's staff consist mainly of officers seconded for a period from government departments and this would seem to be a satisfactory method.
7
The Commissioner himself would be appointed by the Governor for a period of 3 years, and may be reappointed thereafter (clause 3). He is given the same security of tenure during his appointment as a Supreme Court judge. The personality and experience of the Commissioner would be of great importance; the bill does not prescribe any qualifications but it is clear that a Commissioner would have to have a good substantial understanding of the nature, structure and workings of Government if his reports are to be of practical value. Not the least of the difficulties of introducing legis- lation of this type lies in the limited prospects of finding suitable Commis- sioners from time to time who will command the confidence of both the public and the public service.
8
The views of Honourable Members are now sought, not on the details of the bill (which, as pointed out above, is not in final form), but on whether to proceed any further with the proposal to have a Commissioner for Administration in Hong Kong. If Members view the proposal with favour, it would be necessary to seek the detailed comments of Heads of Departments on the bill, as well as the views of the Secretary of State.
9
Honourable Members will be asked to advise whether the proposal for a Commissioner for Administration in Hong Kong should be proceeded with.
13th January 1969 (GR 17/3231/67)
esto
CONFIDENTIAL
RESTRICTED
COUNCIL CHAMBER
No comments yet.
Private notes are available after approval.