1964_COMMISSIONER_FOR_ADMINISTRATIVE_COMPLAINTS_ORDINANCE — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Commissioner for Administrative Complaints

[CAP. 397

those functions shall, until such time as the Commissioner resumes the functions of his office or a new Commissioner is appointed under section 3, be assumed and performed by such person as may be appointed in writing under the hand of the Governor to act as Commissioner.

(2) Section 4 shall apply to a person appointed to act as Commissioner as it applies to the Commissioner.

Staff of Commissioner

6. (1) The Commissioner may appoint such persons as may be necessary for the efficient carrying out of his functions under this Ordinance.

(2) The salaries of persons appointed under subsection (1), and the terms and conditions of their appointments, shall be such as are approved by the Governor.

(3) Subject to section 3(6) the expenses of the Commissioner and any salary or benefit payable to any person appointed under subsection (1) shall be paid out of moneys appropriated for that purpose by the Legislative Council.

PART III

FUNCTIONS OF THE COMMISSIONER

Functions of Commissioner

7. (1) The Commissioner may investigate any action taken by or on behalf of a department in the exercise of its administrative functions in any case where-

(a) a complaint is made by a person who claims to have sustained injustice in consequence of maladministration in connection with that action; and

(b) with the consent of the complainant, the complaint, and a request to conduct an investigation into it, is referred in writing to the Commissioner by a Member of the Legislative Council other than an Official Member.

(2) The powers conferred on the Commissioner by this Ordinance shall be exercised in accordance with the provisions of this Ordinance but may be so exercised notwithstanding any provision in any law to the effect that any decision shall be final, or that no appeal shall lie in respect thereof, or that no proceeding or decision of the department whose decision it is shall be challenged, reviewed, quashed, or called in question.

(3) When the Legislative Council is dissolved the reference in subsection (1)(b) to a Member of the Legislative Council shall be construed as a reference to the Secretary General of the Office of The Members of Executive and Legislative Councils.

Actions not subject to investigation

8. The Commissioner shall not undertake or continue any investigation into a complaint that relates to any action or matter specified in Schedule 2.

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1988 Ed.] Commissioner for Administrative Complaints [CAP. 397 5 those functions shall, until such time as the Commissioner resumes the functions of his office or a new Commissioner is appointed under section 3, be assumed and performed by such person as may be appointed in writing under the hand of the Governor to act as Commissioner. (2) Section 4 shall apply to a person appointed to act as Commissioner as it applies to the Commissioner. Staff of Commissioner 6. (1) The Commissioner may appoint such persons as may be necessary for the efficient carrying out of his functions under this Ordinance. (2) The salaries of persons appointed under subsection (1), and the terms and conditions of their appointments, shall be such as are approved by the Governor. (3) Subject to section 3(6) the expenses of the Commissioner and any salary or benefit payable to any person appointed under subsection (1) shall be paid out of moneys appropriated for that purpose by the Legislative Council. PART III FUNCTIONS OF THE COMMISSIONER Functions of Commissioner 7. (1) The Commissioner may investigate any action taken by or on behalf of a department in the exercise of its administrative functions in any case where- (a) a complaint is made by a person who claims to have sustained injustice in consequence of maladministration in connection with that action; and (b) with the consent of the complainant, the complaint, and a request to conduct an investigation into it, is referred in writing to the Commissioner by a Member of the Legislative Council other than an Official Member. (2) The powers conferred on the Commissioner by this Ordinance shall be exercised in accordance with the provisions of this Ordinance but may be so exercised notwithstanding any provision in any law to the effect that any decision shall be final, or that no appeal shall lie in respect thereof, or that no proceeding or decision of the department whose decision it is shall be challenged, reviewed, quashed, or called in question. (3) When the Legislative Council is dissolved the reference in subsection (1)(b) to a Member of the Legislative Council shall be construed as a reference to the Secretary General of the Office of The Members of Executive and Legislative Councils. Actions not subject to investigation 8. The Commissioner shall not undertake or continue any investigation into a complaint that relates to any action or matter specified in Schedule 2.

Baseline (Original)

1988 Ed.] Commissioner for Administrative Complaints [CAP. 397 5 those functions shall, until such time as the Commissioner resumes the functions of his office or a new Commissioner is appointed under section 3, be assumed and performed by such person as may be appointed in writing under the hand of the Governor to act as Commissioner. (2) Section 4 shall apply to a person appointed to act as Commissioner as it applies to the Commissioner. Staff of Commissioner be 6. (1) The Commissioner may appoint such persons as may necessary for the efficient carrying out of his functions under this Ordinance. (2) The salaries of persons appointed under subsection (1), and the terms and conditions of their appointments, shall be such as are approved by the Governor. (3) Subject to section 3(6) the expenses of the Commissioner and any salary or benefit payable to any person appointed under subsection (1) shall be paid out of moneys appropriated for that purpose by the Legislative Council. PART III FUNCTIONS OF THE COMMISSIONER Functions of Commissioner 7. (1) The Commissioner may investigate any action taken by or on behalf of a department in the exercise of its administrative functions in any case where- (a) a complaint is made by a person who claims to have sustained injustice in consequence of maladministration in connection with that action; and (b) with the consent of the complainant, the complaint, and a request to conduct an investigation into it, is referred in writing to the Commissioner by a Member of the Legislative Council other than an Official Member. (2) The powers conferred on the Commissioner by this Ordinance shall be exercised in accordance with the provisions of this Ordinance but may be so exercised notwithstanding any provision in any law to the effect that any decision shall be final, or that no appeal shall lie in respect thereof, or that no proceeding or decision of the department whose decision it is shall be challenged, reviewed, quashed, or called in question. (3) When the Legislative Council is dissolved the reference in subsec- tion (1)(b) to a Member of the Legislative Council shall be construed as a reference to the Secretary General of the Office of The Members of Executive and Legislative Councils. Actions not subject to investigation 8. The Commissioner shall not undertake or continue any investigation into a complaint that relates to any action or matter specified in Schedule 2.

2026-05-04 09:24:09 · Baseline

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