TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 168

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COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS BILL 1988

(b) service in any office, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in the Governor or any department.

6.

The grant of honours, awards or privileges within the gift of the Crown. 7. Any action taken personally by the Governor.

Explanatory Memorandum

This Bill seeks to establish a Commissioner for Administrative Complaints, whose function it would be to investigate complaints about administrative decisions reached by Government departments and other organizations listed in Schedule 1.

2. The provisions of the Bill are derived from both the New Zealand Parliamentary Commissioner (Ombudsman) Act 1962 and the United Kingdom Parliamentary Commissioner Act 1967.

3. The Bill is intended to provide, for the ordinary citizen, some means whereby a person independent of the public service can investigate, and report on, grievances arising from administrative decisions, acts, recommendations or omissions.

4. Part II provides for the appointment of the Commissioner and his staff. His appointment will be for a period of 5 years, though he may be reappointed. He may be removed only in very limited circumstances.

5. Clause 4 prohibits the Commissioner from holding any other office of profit without the permission of the Governor. Clause 5 deals with the method of filling vacancies which arise other than on the expiration of the Commissioner's full term of office. Clause 6 provides for the appointment of staff to assist the Commissioner.

6. Part III sets out the functions of the Commissioner whose duty it will be to conduct investigations into actions relating to matters of administration, taken by any department specified in Schedule 1 or any officer thereof and referred to him by a member of the Legislative Council. "Action" is defined in clause 2 as including any omission, recommendation, or decision. The list of Government departments in Schedule 1 is extensive. 7. By clause 7, the Commissioner may start an investigation into any matter within his jurisdiction on a complaint that is referred to the Commissioner by a member of the Legislative Council. The clause also provides that the power to investigate will operate in spite of any provision that a decision shall be final or not open to review or question.

8. Clause 8 prohibits the Commissioner from investigating any matter specified in Schedule 2, or further investigating it if, after having begun an investigation, he discovers that it relates to a matter which is outside his jurisdiction.

9. Schedule 2 lists the decisions and matters which are not considered to be appropriate for investigation by the Commissioner, for a variety of

reasons-

(a) item 1 is concerned with external relations and security;

(b) item 2 excludes matters relating to the conduct of legal

proceedings;