TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 77

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unless they have already been told, by virtue of a report submitted under

clause 22.

Part VI deals with supplementary matters.

Clause 24 prevents pro-

ceedings before the Commissioner being challenged in a court, save on the

ground of want of jurisdiction. Clause 25 protects the Commissioner and his

staff against proceedings for anything done in the course of their duties.

By clause 26, reports by the Commissioner are absolutely privileged for the

purposes of defamation actions. Clause 27 makes it clear that an investiga-

tion does not relieve a department of its normal duty to take action on a

matter of complaint. Clause 28 gives a power of entry to the Commissioner,

subject to safeguards where security considerations apply. Clause 29 enables

the Commissioner to delegate his powers to members of his staff. Clause 30

provides for him to present an annual report to the Governor, who shall lay

it before the Legislative Council. Certain offences are listed in clause 31;

these deal with obstruction of, or making false statements to, the Commis-

sioner and similar conduct. Clause 32 provides for the expenses of the Ordi-

nance to be defrayed from money provided by the Legislative Council. Clause

33(1) enables the Legislative Council, by resolution, to amend the First

Schedule, which lists those government departments which fall within the

jurisdiction of the Commissioner. Clause 33(2) enables the Governor in

Council to amend the First Schedule to make it conform to changes in the

names or organization of government departments.

£

Attorney General.