TNAG-1735-FCO40-2448-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 80

1510

HONG KONG LEGISLATIVE COUNCIL — 1 June 1988

MRS. NG (in Cantonese): Sir, I do not agree with the answer provided by the Secretary. If the principle is correct, then we will not need to consult all the 19 district boards on the Vietnamese refugees question.

As I said, this scheme would cause inconvenience to the parents because they will have to be means-tested and some parents have irregular incomes. So have consulted the parents?

you

SECRETARY FOR EDUCATION AND MANPOWER: Sir, the proposal for a means-test has been dropped and is not included in the present scheme.

Review of administrative appeals

8. MR. SOHMEN asked: Would Government advise this Council what progress has been made on the review of the general question of administrative appeals, which the Financial Secretary promised would receive early attention when he last commented on the issue in the debate on the Second Reading of the Banking Bill 1986 on 28 May 1986?

CHIEF SECRETARY: Sir, we expect to complete the review within the next two months.

The review has been a task of some magnitude. It has been necessary to examine over 200 appeal provisions in more than 90 separate Ordinances. We have also had to analyse, in consultation with many different branches and departments, the diverse experience of appeals made under these provisions. In each case, the review has sought to establish whether the procedures are adequate and, if not, whether there are grounds for change. It has looked not just at appeals to the Governor in Council, but also at appeals to the Governor, to specialist tribunals and to government officials.

Sir, although general conclusions have yet to be drawn, it is clear that, in most cases, the existing appeals procedures are working well. I think it unlikely, therefore, that any root and branch change is immediately necessary. However, Sir, some areas have been identified where, subject to the advice of the Executive Council, new appeals procedures may be warranted.

MR. SOHMEN: Sir, the ad hoc group on the Banking Bill was assured in 1986 that its concerns about appeals from the decisions of one part of the executive branch to another were unnecessary, since the question of administrative appeals was already being addressed, and recommendations for appeals to judicial or quasi- judicial tribunals wound be made soon. After two years of deliberation, the Chief Secretary now seems to be saying that the existing procedure will unlikely see much change. Does this mean, Sir, that as far as the appeals procedure under the Banking Ordinance is concerned, the present procedure will be retained? And if so, was the ad hoc group not being misled when it accepted the Financial Secretary's assurances that its views would be fully considered?