TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 160

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Persons to be informed of result of investigation

COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS BILL 1988

(3) The Commissioner shall attach to every report submitted to the Governor under subsection (2) a copy of any comments made thereon by or on behalf of the head of department affected.

(4) In addition to making a report under subsection (1) or (2) the Commissioner may, where he is of the opinion that a serious irregularity or injustice has taken place, make a further report stating his opinion and his reasons to the Governor.

(5) Within a period of 1 month, or such longer period as the Governor may determine, after receipt of the report from the Commissioner under subsection (4), a copy of the report shall be laid before the Legislative Council.

16. (1) In any case where he conducts an investigation, the Commis- sioner shall inform the complainant and the Member of the Legislative Council by whom the complaint was referred, in such manner and at such time as he thinks fit, of—

(a) the result of his investigation;

(b) any report or recommendation made under section 15 and any comments made thereon by or on behalf of the head of department affected;

(c) such comments on the matter as he thinks fit to make; and

(d) such comments, if any, as the Governor may require him to

forward to the complainant.

(2) In any case where he conducts an investigation, the Commissioner shall, unless he has already made a report under section 15(1) to the head of department affected, inform him, in such manner and at such time as he thinks fit, of the result of his investigation.

(3) Where the Commissioner is required by subsection (1) to inform the Member of the Legislative Council by whom the complaint was referred of any matter and that Member ceases to be a Member before the information is supplied, then such information shall be supplied to the Secretary General of the Office of The Members of Executive and Legislative Councils.

Privilege

PART VI

SUPPLEMENTARY

17. For the purposes of the law of defamation, absolute privilege shall be attached to the publication of any matter-

(a) by the Commissioner or his staff to any person for the purpose of investigating a complaint under this Ordinance, or for the purposes of section 15, 16 or 21;

(b) by a Member of the Legislative Council to the Commissioner or his staff, or to a complainant, for any purpose under this Ordinance.