TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 68

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The first of these is the question of access to

& the Commissioner by complainants. It was argued in most

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public submissions that complainants should have direct access to the Commissioner, rather than have to go through Members of this Council. These commentators considered that direct

access would emphasise the Commissioner's independence; make him more effective and credible in the eyes of the public; avoid discouraging members of the public from lodging complaints; and avoid overburdening Members of this Council.

that a

In the light of this public reaction, the Ad Hoc Group indicated that a majority of its members favoured of its members favoured le direct access, but that the group was also aware of the

as follows counter-arguments.

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These are:

first, the principle is that the primary responsibility for protecting the individual against any

any wrongful acts of the Executive should rest with the Legislature and the le Courts. The referral system we propose, namely

that the Commissioner, should only investigate complaints referred to him by a Member of this Council, recognises this principle;

7 secondly, the Commissioner for Administrative

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Complaints will be required to inform the complainant, and the Legislative Council member by whom the complaint was referred, of the result of his investigation in each case. This provides a useful mechanism for Members of this Council to

monitor closely the work of the

le commissioner;