TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 24

COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS Ord. No. 67/88

5. (1) If the Commissioner-

(a) dies;

(b) resigns;

(c) is removed from office;

(d) is absent from Hong Kong; or

(e) is for any other reason unable to perform the functions of his

office,

those functions shall, until such time as the Commissioner resumes the functions of his office or a new Commissioner is appointed under section 3, be assumed and performed by such person as may be appointed in writing under the hand of the Governor to act as Commissioner.

(2) Section 4 shall apply to a person appointed to act as Commis- sioner as it applies to the Commissioner.

A395

Filling of temporary vacancy

6. (1) The Commissioner may appoint such persons as may be Staff of necessary for the efficient carrying out of his functions under this Ordinance. Commissioner

(2) The salaries of persons appointed under subsection (1), and the terms and conditions of their appointments, shall be such as are approved by the Governor.

(3) Subject to section 3(6) the expenses of the Commissioner and any salary or benefit payable to any person appointed under subsection (1) shall be paid out of moneys appropriated for that purpose by the Legislative Council.

7.

PART III

FUNCTIONS OF THE COMMISSIONER

(1) The Commissioner may investigate any action taken by or on Functions of behalf of a department in the exercise of its administrative functions in any Commissioner case where-

(a) a complaint is made by a person who claims to have sustained injustice in consequence of maladministration in connection with that action; and

(b) with the consent of the complainant, the complaint, and a request to conduct an investigation into it, is referred in writing to the Commissioner by a Member of the Legislative Council other than an Official Member.

(2) The powers conferred on the Commissioner by this Ordinance shall be exercised in accordance with the provisions of this Ordinance but may be so exercised notwithstanding any provision in any law to the effect that any decision shall be final, or that no appeal shall lie in respect thereof, or that no proceeding or decision of the department whose decision it is shall be challenged, reviewed, quashed, or called in question.

(3) When the Legislative Council is dissolved the reference in sub- section (1)(b) to a Member of the Legislative Council shall be construed as a reference to the Secretary General of the Office of The Members of Executive and Legislative Councils.