TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 177

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7. By section 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 section 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. Section 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;

(c)

items 3 and 6 deal with the prerogative matters of pardon and honours;

(d) item 4 excludes Government commercial transactions but

not tender procedures;

(e)

(£)

item 5 is concerned with pay, discipline and conditions of service of public officers and others serving the Government;

item 7 excludes, in view of his constitutional position, any decision taken personally by the Governor.

10. It is a matter for the Commissioner to decide, in his discretion, whether or not to carry out an investigation or whether a complaint has been duly made (section 9).

11. Part IV is concerned with the method of making a complaint and the conditions to be satisfied by complainants. also specifies those complaints which the Commissioner may, in his discretion, decide not to investigate and those which he shall not investigate.

12. Section 10(1) excludes from investigation

(a)

-

It

complaints made more than 24 months after the decision complained of (unless there are good reasons for the delay), since it would be difficult to investigate a matter fairly if a longer time elapsed;