1964_COMMISSIONER_FOR_ADMINISTRATIVE_COMPLAINTS_ORDINANCE — Page 11

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CAP. 397]

Commissioner for Administrative Complaints

[1988 Ed.

(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 re-

considered;

(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 recommendation 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.

(2) The Commissioner may specify in a report under subsection (1) to a head of department a time within which the Commissioner is of the opinion it is reasonable in all the circumstances for the report to be acted upon.

(3) Where a report under subsection (1) to a head of department is not, in the opinion of the Commissioner, adequately acted upon-

(a) within the time specified in the report; or

(b) if no time is specified in the report, within such time as the Commissioner is of the opinion is reasonable in all the circumstances, the Commissioner may submit the report and recommendations, together with such further observations as he thinks fit to make, to the Governor.

(4) The Commissioner shall attach to every report submitted to the Governor under subsection (3) a copy of any comments made thereon by or on behalf of the head of department affected.

(5) In addition to making a report under subsection (1) or (3) the Commissioner may, where he is of the opinion that a serious irregularity or injustice has taken place, make a further report stating his opinion and his reasons to the Governor.

(6) Within a period of 1 month, or such longer period as the Governor may determine, after receipt of the report from the Commissioner under subsection (5), a copy of the report shall be laid before the Legislative Council.

Persons to be informed of result of investigation

17. (1) In any case where he conducts an investigation, the Commissioner shall inform the complainant and the Member of the Legislative Council by whom the complaint was referred, in such manner and at such time as he thinks fit, of--

(a) the result of his investigation;