TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 73

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Part II provides for the appointment of the Commissioner for Admin

stration and his staff. His appointment will be for a period of three years,

though he may be reappointed. Although he may resign, he may otherwise only

be removed or suspended in the same manner as is provided in the Hong Kong

Letters Patent for the removal or suspension of a Supreme Court Judge.

Clause 4 prohibits the Commissioner from holding any other office of

profit, without the permission of the Governor. Clause 5 deals with the

method of filling vacancies which arise other than on the expiration of the

Commissioner's full term of office. Clause 6 deals with the terms and condi-

tions of service of the Commissioner. Clauses 7 and 8 provide for the taking

of an oath by the Commissioner and for the appointment of staff to assist him.

Part III sets out the functions of the Commissioner, whose duty it

will be to conduct investigations into decisions, relating to matters of

administration, taken by any department specified in the First Schedule or

any officer thereof. "Decision" is defined in clause 2 as including any

recommendation, act or omission. The list of government departments in Part

I of the First Schedule is comprehensive. Various organizations of an offi-

cial or semi-official nature listed in Part II will also be subject to inves-

tigation, among them the Housing Authority and the Urban Council.

By clause 9, the Commissioner may start an investigation into any

matter within his jurisdiction

(a)

on a complaint by any person;

(b)

of his own motion; or

(c)

if it is referred to him by the Governor.

This clause also provides that the power to investigate will operate in spite

of any provision that a decision shall be final or not open to review or

question.

Clause 10 prohibits the Commissioner from investigating any matter

specified in the Second Schedule, or further investigating it if, after

having begun an investigation, he discovers that it relates to a matter

which is outside his jurisdiction.