TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 97

334111-FIJI-Galley 39

(d) any authority empowered to determine the person with whom any contract or class of contract is to be entered into by or on behalf of the Government or any such officer or authority;

(e) such other officers or authorities as may be prescribed by Parlia-

ment:

Provided that it shall not apply in relation to any of the following officers and authorities-

(i) the Governor-General or his personal staff;

(ii) any Commission established by this Constitution or the staff of

any such Commission;

(iii) any other person or authority in so far as that person or authority exercises power to make appointments to offices in the public service, disciplinary control over or power to remove persons hold- ing or acting in such offices, power to grant, withhold, reduce in amount or suspend pensions benefits in respect of service as public officers or powers in respect of similar matters affecting public officers;

(iv) the Director of Public Prosecutions or any person acting in

accordance with his instructions.

(3) A complaint under this section may be made by any individual, or by any body of persons whether incorporated or not, not being- (a) a department or authority of the Government or any authority or body constituted for purposes of the public service or local govern- ment; or

(b) any other authority or body whose members are appointed by the Governor-General or by a Minister or whose revenues consist wholly or mainly of moneys provided from public funds.

(4) Where any person by whom a complaint might have been made under the preceding subsection has died or is for any reason unable to act for himself, the complaint may be made by his personal repre- sentatives or by a member of his family or other individual suitable to represent him; but except as aforesaid a complaint shall not be entertained unless made by the person aggrieved himself.

(5) The Ombudsman shall not conduct an investigation in respect of any complaint under this section unless the person aggrieved is resident in Fiji (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 Fiji or in relation to rights or obligations that accrued or arose in Fiji.

(6) The Ombudsman shall not conduct an investigation under this section in respect of any complaint under this section in so far as it relates to any of the following matters, that is to say---

(a) any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any law in force in Fiji; or

(b) any action in respect of which the person aggrieved has or had

a remedy by way of proceedings in any court of law: Provided that---

(i) the Ombudsman may conduct such an investigation notwith- standing that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to avail himself or to have availed him- self of that right or remedy; and

(ii) nothing in this subsection shall preclude the Ombudsman from conducting any investigation as to whether any of the provisions of Chapter II of this Constitution has been contravened.