TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 72

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The third main aspect in respect of which the Government proposes not to make any changes relates to the method of appointment of the Commissioner. Some Members of the Legislative Council Ad Hoc Group have suggested that the Commissioner should be appointed by the Governor with the approval of this Council, rather than by the Governor alone, on the grounds that it would enhance the

status. Commissioner's independent Image, Other Members, however, recognised that this could unduly politicise the

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le appointment procedure. The Government's view is that

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appointment by the Governor would be more appropriate in the context of our existing constitutional arrangements. I can assure Members that great care will be taken when making the appointment to ensure that the candidate is generally acceptable to this Council and the people of Hong Kong.

Much comment in the public response to the White Bill concerned the perception that the proposed le commissioner would be ineffective because his powers were too limited. Some commentators appeared to want an all powerful watchdog with sweeping powers to censure the Government, reverse unpopular policies, prosecute Government officials and pay compensation to aggrieved individuals. Such notions are, if I may say so, somewhat misconceived, because they take no account of the existing arrangements in Hong Kong. We already have a well developed and comprehensive system

system for redressing the grievances felt by the public arising from the acts of the Government, based on an independent judiciary, a partially elected legislature and a range of other channels. OMELCO 2 is already well established as the focus for complaints against the Government of all types. The introduction of any ombudsman-like authority has to take into account this state of affairs and be carefully designed not to overlap