TNAG-0280-FCO40-316-Visit-of-Parliamentary-under-Secretary-of-Foreign-and-Common-1970 — Page 34

CONFIDENTIAL

ANNEX A

OMBUDSMAN FOR HONG KONG

Extract from Secretary of State's letter to the

Governor of 3 August:

"I would like to see a post of Ombudsman or similar

office established as soon as possible. I know that some

of the unofficial members of both the Executive and

Legislative Councils doubt whether such a post is

necessary and that the constitutional position of the

Colony makes it impossible to follow the model of

responsibility to Parliament that is appropriate here.

But just as Hong Kong is so much "sui generis", so there

is no need exactly to reproduce the machinery that has

been evolved elsewhere. It strikes me, nevertheless,

that the Ombudsman" concept is particularly suitable for

the circumstances of Hong Kong. The new Office would of

course have to be quite seperate from the normal machinery

of government and I am sure the "Commissioner" would have

to report to you personally. The Parliamentary Commissioner

here has certain restrictions on his activities and it will

be necessary to consider what restrictions should be placed

on the "Ombudsman" in Hong Kong. I am arranging therefore

for the Parliamentary Commissioner to be consulted about

these proposals and our considered views in the light of

this consultation will be sent to you as soon as possible.

Meanwhile, I should be grateful if you would consider the

best way of reviving this issue with your unofficial advisers."

CONFIDENTIAL