TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 113

relevant provisions of the Covenant.

A Bill of Rights was to be prepared on

this basis. Anyone who believes that his civil or political rights, as defined in the Covenant, have been violated, will be able to seek redress in the courts. A draft bill will be published for public consultation by the end of 1989. The current plan is to introduce draft legislation into the Legislative Council by July 1990. Within this timescale, there will not be time for a comprehensive review of all existing Hong Kong laws to remove any areas of doubt about their full compatibility with the Bill of Rights. To avoid any unnecessary uncertainties, the draft bill will provide for a limited period after its enactment during which existing laws cannot be challenged against the standard of the new bill.

Commissioner for Administrative Complaints

13.

In July 1988, legislation was enacted to provide for the appointment of a Commissioner for Administrative Complaints. The first Commissioner was appointed and his office began work early in 1989. The office is entirely independent of the Executive. The function of the Commissioner for Administrative Complaints is to investigate complaints of maladministration. The establishment of the office is meant to supplement and strengthen the existing channels for the redress of grievances and not to replace any of them. The Commissioner's jurisdiction does not extend to investigating complaints against the Independent Commission against Corruption (ICAC) or the Police Complaints Committee, since both these bodies have independently monitored redress systems. But the Commissioner is an ex officio member of the Police Complaints Committee and the ICAC Complaints Committee and so can lend his expertise to those monitoring organizations.

14.

Primary responsibility for protecting the individual against wrongful acts of the executive rests with the legislature and the courts in Hong Kong. To retain the role of the Legislative Council as the main channel for public complaints, members of the public are to make their complaints of maladministration through a member of the Council who will then refer the grievance, where appropriate, to the Commissioner. The Commissioner is required to inform the complainant and the Legislative Council member by whom the complaint was referred of the result of his investigation in each case. This provides a useful mechanism for members of the Council to monitor closely the work of the Commissioner.

15.

After his investigation of a complaint, the Commissioner is required by law to report his opinion and his reasons, together with a statement of any remedy and recommendation that is considered necessary, to the head of department affected. When the report to a head of department is not, in the opinion of the Commissioner, adequately acted upon, the Commissioner may submit his report and recommendations, together with such further observations as he thinks fit to make, to the Governor. In particular where the Commissioner is of the opinion that a serious irregularity or injustice has taken place, he may make a report stating his opinion and his reasons to the Governor; such a report is bound by law to be laid before the Legislative Council.