TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 85

Ombuds-

man's

functions on concluding

(6) For the purposes of this article the Judicial Service Commission. the Public Service Commission and the Police Service Commission shall not be regarded as departments of Government.

(7) For the purposes of paragraph (2)(a) of this article a complaint may be made by a person aggrieved himself or, if he is dead or for any reason unable to act for himself, by any person duly authorised to represent him.

(8) Any question whether a complaint or a request for an investi- gation is duly made under this Part or any law enacted in pursuance of article 55 of this Constitution shall be determined by the Ombudsman.

(9) Where a complaint or request for an investigation is duly made as aforesaid and the Ombudsman decides not to investigate the action to which the complaint or request relates or to discontinue an investiga- tion of that action, he shall inform the person or body of persons who made the complaint or request of his decision.

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(10) In this article action " includes failure to act and "action taken" shall be construed accordingly.

54.-(1) After conducting an investigation under this Part the Ombudsman shall inform the department or authority concerned of the result of that investigation and, if he is of the opinion that any person or body of persons has sustained injustice in consequence of a fault investigation, in administration, he shall inform that department or authority of the reasons for that opinion and may make such recommendations for action by that department or authority as he thinks fit.

an

and reports

to the Assembly.

Power of Parliament

to make supple- mentary

provision.

(2) After conducting an investigation under this Part in pursuance of a complaint or a request for an investigation made by a Minister or a member of the National Assembly, the Ombudsman shall-

(a) if he is of the opinion that the complainant or, in the case of an investigation conducted in pursuance of such a request, the person or body of persons specified in the request has sustained injustice in consequence of a fault in administration, inform the person or body of persons who made the complaint or request that he is of that opinion and the nature of the injustice that he considers has been sustained;

(b) if he is of the opinion that the complainant or, in the case of an investigation conducte in pursuance of such a request, the person or body of person specified in the request has not sustained injustice, inform the person or body of persons who made the complaint or request that he is of that opinion and the reasons therefor.

(3) Where the Ombudsman has made a recommendation under paragraph (1) of this article and within a reasonable time thereafter no action has been taken which appears to the Ombudsman adequately to remedy the injustice, he may lay before the Assembly a special report on the case.

(4) The Ombudsman shall annually lay before the Assembly a general report on the performance of his functions under this Part.

55. Parliament may make provision for such supplementary and ancillary matters as may appear necessary or expedient in consequence of any of the provisions of this Part, including (without prejudice to the generality of the foregoing power) provision--

(a) for the procedure to be observed by the Ombudsman in per-

forming his functions;

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