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Ombudsman need only be invoked when in the opinion of their respective Councils the work of individual councillors has failed to bring about the desired result.
Mr. Chairman, whether or not Britain will have an Ombudsman in the near future it is my sincere belief, having regard to the traditional circumstances and the present constitutional set-up of Hong Kong, an Ombudsman system would be a unique institution in the service of the people of Hong Kong.
I look forward to the happy days ahead when every citizen of Hong Kong will have no fear that his grievance will be brushed aside without a proper investigation or that maladministration of government will not be corrected and remedied.
I now move that "As the principle of an Ombudsman has been traditional in Chinese society and as this principle is gaining acceptance in British Commonwealth countries, the Hong Kong Government be urged to appoint a committee to study and to recommend on the feasibility of a Hong Kong Ombudsman."
I beg to move,
MR. SALES: -Mr. Chairman, my friend and colleague, Mr. CHEUNG Wing-IN, has asked me to second his Motion which I do with pleasure as I am myself persuaded that, the situation being what it is in Hong Kong, serious thought must be given to the setting up of just such a committee to find a solution to this important problem.
I have always preferred that in every case we find a Hong Kong solution to a Hong Kong problem rather than slavishly copying what is done elsewhere although we should naturally benefit from the experience gained in other countries. In this case, I opt for a committee rather than a person. Instead of an Ombudsman, I vote for the eventual setting up of a Grievance Committee, with a high-powered composition and supported by an executive director with the proper qualifications and such other staff as may be necessary.
The structure of our public administration is such that there must be certain additional checks so that public interest may be properly protected at all times and public grievances given swift redress after carrying out an investigation effectively. There is no gainsaying the fact that there is freedom of speech here and also the press happily enjoys the freedom that is advocated throughout the world but not often put into untrammelled practice. It is also true that members of the public have access to Urban Councillors through the various ward offices or even directly. It is also true that there is a UMELCO office. But the readily available opportunity for the public "to let off steam", so to speak, is just not enough because it is often countered effectively by the attitude that "all will soon blow over". I believe that the setting up of this committee will go a long way to deter the abuse of power, particularly by petty officialdom, which unfortunately has caused many complaints by members of the public. It is not that governmental policy need be changed in most cases; it is the application of policy by subordinate functionaries that has given rise to complaint and from which hardship ensues. To be fair, all will agree that it is always necessary to curb the excessive exercise of power and to ensure that the application of administrative measures is not made in any manner detrimental to the public.
Mr. Chairman, our highly centralized form of government might have met the needs of a small trading community in the nineteenth century. But Hong Kong has become highly industrialized and is very densely populated. Naturally, new circumstances obtain giving rise to new problems which call for new solution. Without direct representation by the public and with little positive and effective participation in the making a policy, there ought to be set up an organization to which the citizens may appeal to correct wrongs they suffer or to seek redress for grievances they harbour.
Sir, I have appealed before for Government to study and apply the principle of subsidiarity because many thinking people in Hong Kong believe that the arrogation of so much power by the Civil Service is not consistent with the public good. It is certainly not in keeping with modern progressive thinking on public administration.
President WILSON of the United States said: I quote:
"The concentration of power is what always precedes the destruction of human liberties".
I would like Mr. Chairman, to see fair play at all times. My long experience as an Urban Councillor, strengthened by what I have learned since the setting up of the ward offices, compels me to support this motion.
Still, I would repeat the point that we should find a Hong Kong solution for a Hong Kong problem at all times. I suggest that we do so of our own volition. The problem is there. Government should solve it now and not wait until others, elsewhere in the world, avidly searching for territorial problems to turn their attention to, stampede us into following a course which may not be to our liking and which may not even suit our purpose.
I second the motion.
MR. CHEONG-LEEN:-Mr. Chairman, I rise to support the motion that there should be an Ombudsman system in Hong Kong.
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Page 338 of 382
654
HONG KONG URBAN COUNCIL
Ombudsman need only be invoked when in the opinion of their respective Councils the work of individual councillors has failed to bring about the desired result.
Mr. Chairman, whether or not Britain will have an Ombudsman in the near future it is my sincere belief, having regard to the traditional circumstances and the present constitutional set-up of Hong Kong, an Ombudsman system would be a unique institution in the service of the people of Hong Kong.
I look forward to the happy days ahead when every citizen of Hong Kong will have no fear that his grievance will be brushed aside without a proper investigation or that maladministration of government will not be corrected and remedied.
I now move that "As the principle of an Ombudsman has been traditional in Chinese society and as this principle is gaining acceptance in British Commonwealth countries, the Hong Kong Government be urged to appoint a committee to study and to recommend on the feasibility of a Hong Kong Ombudsman."
I beg to move,
MR. SALES: -Mr. Chairman, my friend and colleague, Mr. CHEUNG Wing-IN, has asked me to second his Motion which I do with pleasure as I am myself persuaded that, the situation being what it is in Hong Kong, serious thought must be given to the setting up of just such a committee to find a solution to this important problem.
I have always preferred that in every case we find a Hong Kong solution to a Hong Kong problem rather than slavishly copying what is done elsewhere although we should naturally benefit from the ex- perience gained in other countries. In this case, I opt for a committee rather than a person. Instead of an Ombudsman, I vote for the eventual setting up of a Grievance Committee, with a high-powered composition and supported by an executive director with the proper qualifications and such other staff as may be necessary.
The structure of our public administration is such that there must be certain additional checks so that public interest may be properly protected at all times and public grievances given swift redress after carrying out an investigation effectively. There is no gainsaying the fact that there is freedom of speech here and also the press happily enjoys the freedom that is advocated throughout the world but not often put into untrammelled practice. It is also true that members of the public have access to Urban Councillors through the various ward offices or even directly. It is also true that there is a UMELCO office. But the readily available opportunity for the public "to let off steam", so
HONG KONG URBAN COUNCIL
655
to speak, is just not enough because it is often countered effectively by the attitude that "all will soon blow over". I believe that the setting up of this committee will go a long way to deter the abuse of power, particularly by petty officialdom, which unfortunately has caused many complaints by members of the public. It is not that governmental policy need be changed in most cases; it is the application of policy by subordinate functionaries that has given rise to complaint and from which hardship ensues. To be fair, all will agree that it is always neces- sary to curb the excessive exercise of power and to ensure that the application of administrative measures is not made in any manner detrimental to the public.
Mr. Chairman, our highly centralized form of government might have met the needs of a small trading community in the nineteenth century. But Hong Kong has become highly industrialized and is very densely populated. Naturally, new circumstances obtain giving rise to new problems which call for new solution. Without direct representa- tion by the public and with little positive and effective participation in the making a policy, there ought to be set up an organization to which the citizens may appeal to correct wrongs they suffer or to seek redress for grievances they harbour.
Sir, I have appealed before for Government to study and apply the principle of subsidiarity because many thinking people in Hong Kong believe that the arrogation of so much power by the Civil Service is not consistent with the public good. It is certainly not in keeping with modern progressive thinking on public administration.
President WILSON of the United States said: I quote:
"The concentration of power is what always precedes the destruc- tion of human liberties".
I would like Mr. Chairman, to see fair play at all times. My long experience as an Urban Councillor, strengthened by what I have learned since the setting up of the ward offices, compels me to support this motion.
Still, I would repeat the point that we should find a Hong Kong solution for a Hong Kong problem at all times. I suggest that we do so of our own volition. The problem is there. Government should solve it now and not wait until others, elsewhere in the world, avidly searching for territorial problems to turn their attention to, stampede us into following a course which may not be to our liking and which may not even suit our purpose.
I second the motion.
MR. CHEONG-LEEN:-Mr. Chairman, I rise to support the motion that there should be an Ombudsman system in Hong Kong.
No comments yet.
Private notes are available after approval.