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for the Commissioner of Administration that is an Ombudsman to be appointed in Hong Kong, so that obviously the Governor or the Government or both has had 2nd thoughts relatively recently. In England there are a lot of constituencies shall I say wards each with its own elected member of Parliament who, the correct term is nurses the constituency during his time in Parliament. The members of his constituency refer their individual problems to him, and yet, in England it has been found necessary to appoint an Ombudsman termed a Parliamentary Commissioner. The members of the Parliament go back to their constituencies to hear individual problems and refer them to the Commissioner. Very different thing, for instance, than the UMELCO who have only an office in the Central District, but rather more similar to the ward system of this Council. The Parliamentary Commissioner or Ombudsman in England is, of course, entirely independent of Parliament that appoints him and his reports are made public not to the embarrassment but to the greater efficiency of the Administration of the U.K. Government.
It is planned at the moment to appoint a highly paid secretary to the UMELCO office. Presumably he is a servant of members of the UMELCO obeying the orders of members and in no way independent from them. This is not and cannot be the function of an Ombudsman who, above everything else must keep and be seen to be entirely independent.
With this procrastination in the Executive and Legislative Councils, I propose that we refer the whole question of the desirability of a form of Ombudsman to our own appropriate Select Committee. There is a desperate need in my opinion for an Ombudsman and for the appointment of an Ombudsman with a despatch, but I will leave it to the Select Committee to make their own report rather than at this time advancing my own views which are of course the views contained in the report of the Committee of Justice. I have pleasure therefore in proposing the Motion that stands in my name, on the order paper today.
Mr. A. de O. SALES: -Mr. Chairman, I have pleasure in seconding the Motion that is before this Council. I would like to reserve my comments under Standing Orders. As Chairman of the Local Administration, to which this Motion will be referred if adopted by this Council, I would not like to voice my opinion at this time, particularly on a subject which will be discussed by the Select Committee concerned. My private views were made known to Members of the Standing Committee of the Council as a Whole when the subject was put before it not so long ago.
CHAIRMAN:-Ladies and gentlemen, the Motion has been moved and seconded. Does any Member wish to speak?
HONG KONG URBAN COUNCIL
393
MR. HILTON CHEONG-LEEN:-Mr. Chairman, it will be recalled that at the February 1966 meeting of the Urban Council, Mr. CHEUNG Wing In, an Elected Member of the Civic Association, moved the following Motion:-
"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 is urged to appoint a committee to study and to recommend on the feasibility of a Hong Kong Ombudsman."
This Motion was unanimously carried and it aroused wide support.
In July this year, the Special Committee of the Hong Kong Branch of JUSTICE, issued a report stating that there is an urgent need for an Ombudsman in Hong Kong and that one should be appointed as soon as possible.
The Special Committee's report was endorsed by the Full Committee of the Hong Kong Branch of JUSTICE and was supported by a very wide section of the Hong Kong community.
The views of the Hong Kong Civic Association have consistently been in favour of an Ombudsman in Hong Kong, particularly since there are no Elected Members in the Legislative Council.
We do recognize too that because there are no Elected Members in the Legislative Council at present, neither the Scandinavian type of Ombudsman, or the New Zealand Ombudsman system, can be applied to Hong Kong.
At the same time, we have serious doubts whether even the United Kingdom Parliamentary Commissioner system is at this stage good enough for Hong Kong.
The function of the British Ombudsman, otherwise known as the British Parliamentary Commissioner for Administration, is to investigate complaints referred to him by members of Parliament from members of the public who claim to have sustained injustice due to maladministration in connection with administrative action taken by or on behalf of Government Departments. The Parliamentary Commissioner for Administration can only act on complaints received from a member of Parliament. He can take no action on a complaint received direct from a member of the public who has to make a complaint in writing first to a member of Parliament, and the member of Parliament will have to decide whether or not to refer it to the Parliamentary Commissioner for Administration.
Page 209 of 237
Page 208 of 237
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HONG KONG URBAN COUNCIL
for the Commissioner of Administration that is an Ombudsman to be appointed in Hong Kong, so that obviously the Governor or the Government or both has had 2nd thoughts relatively recently. In England there are a lot of constituencies shall I say wards each with its own elected member of Parliament who, the correct term is nurses the constituency during his time in Parliament. The members of his constituency refer their individual problems to him, and yet, in England it has been found necessary to appoint an Ombudsman termed a Parliamentary Commissioner. The members of the Parliament go back to their constituencies to hear individual problems and refer them to the Commissioner. Very different thing, for instance, than the UMELCO who have only an office in the Central District, but rather more similar to the ward system of this Council. The Parliamentary Commissioner or Ombudsman in England is, of course, entirely independent of Parliament that appoints him and his reports are made public not to the embarrassment but to the greater efficiency of the Administration of the U.K. Government.
It is planned at the moment to appoint a highly paid secretary to the UMELCO office. Presumably he is a servant of members of the UMELCO obeying the orders of members and in no way independent from them. This is not and cannot be the function of an Ombudsman who, above everything else must keep and be seen to be entirely independent.
With this procrastination in the Executive and Legislative Councils, I propose that we refer the whole question of the desirability of a form of Ombudsman to our own appropriate Select Committee. There is a desperate need in my opinion for an Ombudsman and for the appointment of an Ombudsman with a despatch, but I will leave it to the Select Committee to make their own report rather than at this time advancing my own views which are of course the views contained in the report of the Committee of Justice. I have pleasure therefore in proposing the Motion that stands in my name, on the order paper today.
Mr. A. de O. SALES: -Mr. Chairman, I have pleasure in seconding the Motion that is before this Council. I would like to reserve my comments under Standing Orders. As Chairman of the Local Admini- stration, to which this Motion will be referred if adopted by this Council, I would not like to voice my opinion at this time, particularly on a subject which will be discussed by the Select Committee concerned. My private views were made known to Members of the Standing Committee of the Council as a Whole when the subject was put before it not so long ago.
CHAIRMAN:-Ladies and gentlemen, the Motion has been moved and seconded. Does any Member wish to speak?
HONG KONG URBAN COUNCIL
393
MR. HILTON CHEONG-LEEN:-Mr. Chairman, it will be recalled that at the February 1966 meeting of the Urban Council, Mr. CHEUNG Wing In, an Elected Member of the Civic Association, moved the following Motion:-
"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 is urged to appoint a committee to study and to recommend on the feasibility of a Hong Kong Ombudsman."
This Motion was unanimously carried and it aroused wide support.
In July this year, the Special Committee of the Hong Kong Branch of JUSTICE, issued a report stating that there is an urgent need for an Ombudsman in Hong Kong and that one should be appointed as soon as possible.
The Special Committee's report was endorsed by the Full Committee of the Hong Kong Branch of JUSTICE and was supported by a very wide section of the Hong Kong community.
The views of the Hong Kong Civic Association have consistently been in favour of an Ombudsman in Hong Kong, particularly since there are no Elected Members in the Legislative Council.
We do recognize too that because there are no Elected Members in the Legislative Council at present, neither the Scandinavian type of Ombudsman, or the New Zealand Ombudsman system, can be applied to Hong Kong.
At the same time, we have serious doubts whether even the United Kingdom Parliamentary Commissioner system is at this stage good enough for Hong Kong.
The function of the British Ombudsman, otherwise known as the British Parliamentary Commissioner for Administration, is to investi- gate complaints referred to him by members of Parliament from members of the public who claim to have sustained injustice due to maladministration in connection with administrative action taken by or on behalf of Government Departments. The Parliamentary Com- missioner for Administration can only act on complaints received from a member of Parliament. He can take no action on a complaint received direct from a member of the public who has to make a com- plaint in writing first to a member of Parliament, and the member of Parliament will have to decide whether or not to refer it to the Parliamentary Commissioner for Administration.
No comments yet.
Private notes are available after approval.