TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 176

HONG KONG

LEGAL REPORT

COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS ORDINANCE 1988

(No. 67 of 1988)

Enclosure No. 2

This Ordinance 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 Ordinance are derived from both the New Zealand Parliamentary Commissioner (Ombudsman) Act 1962 and the United Kingdom Parliamentary Commissioner Act 1967.

3.

The Ordinance 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. Section 4 prohibits the Commissioner from holding any other office of profit without the permission of the Governor. Section 5 deals with the method of filling vacancies which arise other than on the expiration of the Commissioner's full term of office. Section 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 section 2 as including any omission, recommendation, or decision. The list of Government departments in Schedule 1 is extensive.