TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 154

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COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS BILL 1988

(a) the complaint, or a complaint of a substantially similar nature, has previously been the subject of an investigation as a result of which the Commissioner was of the opinion that there had been no maladministration;

(b) the subject matter of the complaint is trivial;

(c) the complaint is frivolous or vexatious or is not made in good

faith; or

(d) any investigation or further investigation is for any other reason

unnecessary.

(3) If the Commissioner decides not to undertake or continue an investigation into a complaint he shall inform the complainant, and the Member of the Legislative Council by whom the complaint was referred, of that decision and of his reasons.

Proceedings of Commissioner

Evidence

PART V

PROCEEDINGS

11. (1) Before investigating any action, the Commissioner shall inform the head of the department affected of his intention to conduct an investigation and may seek his comments.

(2) Subsection (1) shall not apply where the Commissioner thinks compliance is inappropriate in the particular circumstances of the case and, instead of complying with that subsection, informs the Chief Secretary of his intention to conduct an investigation.

(3) Subject to the provisions of this Ordinance, the Commissioner (a) may hear or obtain information from such persons, and make such

inquiries, as he thinks fit; and

(b) may regulate his procedure in such manner as he thinks fit.

(4) Every investigation shall be conducted in private and counsel and solicitors shall not have any right of audience before the Commissioner, but may appear before him if he thinks fit.

(5) It shall not be necessary for the Commissioner to hold any hearing and, subject to subsection (6), no person shall be entitled to be heard by the Commissioner.

(6) If at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds for him to make any report or recommendation that may criticize or adversely affect any officer, department or person he shall give to the officer, head of department affected or person an opportunity to be heard.

12. (1) Subject to section 13, the Commissioner may summon before him-

(a) any person, whether or not he is an officer of any department, who in the opinion of the Commissioner is able to give any information relating to any action that is being investigated by the Commis- sioner; and

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