TNAG-0280-FCO40-316-Visit-of-Parliamentary-under-Secretary-of-Foreign-and-Common-1970 — Page 32

CONFIDENTIAL

SUPPLEMENTARY NOTE TO NOTE NO.3

Visit of Parliamentary Under-Secretary,

Mr. Royle, to Hong Kong, October, 1970.

OMBUDSMAN FOR HONG KONG

An extract from the Secretary of State's letter to the

Governor of 3 August is attached, together with an

extract from the Governor's reply of 17 September (Annex A).

Points to be made

1.

There is no doubt that in view of Hong Kong's con-

stitutional position the Ombudsman would have to report to

the Governor. This being so, there might be a danger that

the general public in the Colony would initially regard the Ombudsman as part of the Government machine, and as such his impartiality might be suspect. This danger could be minimized

if care were taken in the selection of the person to be

appointed to the post. The danger would undoubtedly be greater if a local person were appointed (a course which the Governor appears to assume would be followed) ; but if someone

of standing were appointed from outside the Colony it would be

only a matter of time before his bona fides were established in the eyes of the public. (Faras 1 and 2 of the Governor's letter)

2.

The fact that the legal limitations on the operations

of an Ombudsman would restrict his activities to a norrower

field than that now covered by UMELCO is not necessarily an argument against the establishment of such a post. It could indeed be regarded as an argument for having both an Ombudsman and UMELCO working side by side. (rara 1 of Governor's letter) 3. There is no doubt that in the early stages following the establishment of a post of Ombudsman a number of complaints put to him would need to be rejected out of hand as being outside his purview. But this is not a situation peculiar

CONFIDENTIAL

/to Hong Kong