TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 17

COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS Ord. No. 67/88

(b) is the subject of a certificate by the Chief Secretary that it might- (i) prejudice the investigation or detection of crime; or

(ii) involve the disclosure, without the consent of the Governor, of the deliberations of the Executive Council,

the Commissioner shall not require the information or answer to be given or, as the case may be, the document or thing to be produced.

A399

15. (1) The Commissioner and every person appointed under section Commissioner 6 shall, subject to subsections (2) and (3), maintain secrecy in respect of and staff to all matters that come to their actual knowledge in the exercise of their functions.

(2) Subsection (1) shall not apply so as to prevent the Commissioner or any person appointed under section 6 from-

(a) disclosing in the course of proceedings for an offence under the

Ordinance, any matter relevant to those proceedings;

(b) reporting evidence of any crime to such authority as he considers

appropriate;

(c) disclosing to a person any matter referred to in subsection (1) which, in the opinion of the Commissioner or person so appointed, may be ground for a complaint by that person.

(3) The Commissioner may disclose in any report made by him under this Ordinance any matter that in his opinion ought to be disclosed in order to establish grounds for his conclusions and recommendations, other than a matter in respect of which the Governor certifies that its disclosure might prejudice security, defence, or international relations (including relations with any international organization) in respect of Hong Kong or would otherwise be contrary to the public interest.

(4) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine of $50,000 and to imprisonment for 2 years.

maintain

secrecy

16. (1) In any case in which, after making an investigation into any Reports by the action, the Commissioner is of the opinion that one or more of the following Commissioner circumstances have been revealed-

(a) there is evidence of any maladministration on the part of any

officer of any department;

(b) the matter should be referred to the head of department affected

for further consideration;

(c) an omission should be rectified;

(d) the action should be cancelled or varied;

(e) any practice on which the action was based should be altered;

(f) any view of the law on which the action was based should be

reconsidered;

(g) reasons should have been given for the action;

(h) any other steps should be taken,

the Commissioner shall report his opinion and his reasons, together with a statement of any remedy that he considers should be provided and of any re- commendation that he thinks fit to make, to the head of department affected or, if the Commissioner thinks it appropriate in the particular circumstances of the case not to report to the head of department, to the Governor.