TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 178

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(b)

anonymous complaints;

(c)

(d)

(e)

13.

complaints where the complainant cannot be identified or traced or is unwilling to substantiate his grievance orally; this is to save the time of the Commissioner being wasted on complaints which are not backed by oral evidence;

complaints which are not made by the aggrieved person himself or his representative;

complaints about actions for which there is a statutory appeal procedure or legal remedy, unless for particular reasons it would not be reasonable to expect it to be pursued.

Section 10(2) gives the Commissioner a discretion not to investigate, or continue to investigate, complaints where there has already been an investigation, or if he thinks the complaint trivial or frivolous, or where the Commissioner thinks an investigation is unnecessary.

14.

By section 10(3), a complainant must be told of a decision not to investigate a complaint and of the reasons for this.

15. Part V sets out the procedure to be followed in an investigation. By section 12 it is to be held in private and there is no right of audience for solicitor or counsel, since the object is to keep investigations as informal as possible. The head of the department concerned in an investigation must ordinarily be informed and the Commissioner may, or may not, in his discretion, hold a hearing. Nobody has a right to be heard, except a person whom the Commissioner thinks he may criticize in his report, but the Commissioner may in his discretion allow legal representation.

16. Section 13 empowers the Commissioner to require information and documents to be produced to him. He may summon complainants and others as witnesses and examine them on oath. There is provision in section 13(3) for persons prohibited by any law from disclosing official information (e.g. officers of the Inland Revenue Department) nevertheless to make disclosure to the Commissioner for the purposes of an investigation under the Ordinance.

17.

Section 14 gives witnesses the same protection as witnesses in a civil action in the Supreme Court. Except on a trial for perjury committed while giving evidence under the Ordinance, no evidence given in the course of any investigation under the Ordinance is admissible in any court or other proceedings.

18. Section 14 (3) empowers the Governor to certify that the giving of evidence might prejudice security, defence, or international relations, and the Chief Secretary to certify that evidence might prejudice the investigation of crime or might