TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 58

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certain

plaints.

decide not to investigate or, as the case may be,further investigate,

any complaint, if in his opinion

(a)

under the law there is an adequate remedy or under existing

administrative practice there is an adequate right of appeal,

other than the right to petition Her Majesty, the Governor or

the Legislative Council, available to the complainant (whether

or not he has availed himself of it);

(b) having regard to all the circumstances of the case, any inves-

tigation or further investigation is unnecessary;

(c)

the subject matter of the complaint is trivial;

Complainants.

(d)

the complaint is frivolous or vexatious or is not made in good

faith; or

(e) the complainant has not a sufficient personal interest in the

subject matter of the complaint.

15. (1) If the Commissioner decides not to investigate or further

investigate a complaint he shall inform the complainant of that deci-

sion, and may, if he thinks fit, state his reasons therefor.

(2) If the person by whom a complaint might have been made under

the provisions of this Ordinance has died or is for any reason unable to

act for himself, the complaint may be made by his personal representa-

tive or by a member of his family or other individual suitable to repre-

sent him; but except as aforesaid a complaint shall not be entertained

under this Ordinance unless made by the person aggrieved himself.

. (3) A complaint shall not be entertained unless the person aggrieved

is resident in Hong Kong (or, if he is dead, was so resident at the time

of his death) or the complaint relates to action taken in relation to

him while he was present in Hong Kong, on a ship or on an aircraft

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