1964_COMMISSIONER_FOR_ADMINISTRATIVE_COMPLAINTS_ORDINANCE — Page 4

1988 Ed.]

Commissioner for Administrative Complaints

[CAP. 397

3

CHAPTER 397

COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS

To make provision for the appointment, powers and functions of a Commissioner to investigate complaints concerning administrative actions taken on behalf of the Government or public authorities, and for purposes connected therewith.

Originally 67 of 1988 — ‚ . N. 7668 (P&P

• N.

27 !! February 198.

1 LN. 27 of 1P8. WN35 7 OF 1989, IN 37/3/89, 10414/89 LM236/90

PART I

PRELIMINARY

1

Short title and commencement

1. This Ordinance may be cited as the Commissioner for Administrative Complaints Ordinance, and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.

Interpretation

2. (1) In this Ordinance, unless the context otherwise requires-

"action" includes omission, recommendation or decision;

"Commissioner" means the Commissioner for Administrative Complaints

appointed under section 3;

"department" means any

any department of the Government, or other organization, specified in Schedule 1;

"head of department" means the head, director or equivalent officer of any

department;

"investigation" means an investigation by the Commissioner under this

Ordinance;

"maladministration" means inefficient, bad or improper administration and,

without derogation from the generality of the foregoing, includes--

(a) unreasonable conduct, including delay, discourtesy and lack of

consideration for a person affected by any action;

(b) abuse of any power (including any discretionary power) or authority

including any action which-

(i) is unreasonable, unjust, oppressive or improperly discriminatory or which is in accordance with a practice which is or may be unreason- able, unjust, oppressive or improperly discriminatory; or

(ii) was based wholly or partly on a mistake of law or fact; or