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are not likely to know their right of review by the courts. As to the Governor and the Queen, complaints made to them are usually referred back to the Departments concerned, and too many complaints at that level would bring the

system to a halt.

7. In fact, none of the existing systems are adequate, because no body in Hong Kong is charged only with the responsibility to investigate and point out injustices. I have over the past 30 years tried to point out many kinds of injustice which have resulted in psychiatric illness in the victims, suicide, violence, false imprisonment, and other unfortunate results. I will not go into detail here.

8.

So what have we? I believe we have a need, and that it can only be met by an independent body by whatever name we may like to call it. How to set it up is a big question if it is to be truly independent and effective. It appears to me after considering various possibilities, that this office should be filled by a group of people, like a jury, elected on a functional basis to include representatives of all possible areas of complaint, for example, a lawyer or a judge, a social worker (not an organization), a member of the public concerned about housing, and

so on.

9.

Existing complaints bodies would be able to pass on cases which they feel need further investigation. This is only a tentative proposal, subject to public discussion.

10. But the fact remains, in my opinion, after a lifetime of dealing with public complaints, that we need a statutory body to redress grievances.

11. I therefore support the motion.

MR. L. H. KWAN second the motion (in English):-Mr. Chairman, there is not a central body or department specially responsible for the redress of grievances in Hong Kong. In the past, redress was sought through the Urban Councillors, public figures or petitions to the Governor. In the early 70's, with the gradual changes in the Government structure and the adoption of an open policy by the Government, City District Offices were set up in every district. The District Boards set up afterwards, together with the Urban Council, Regional Council, OMELCO, Complaint Against Police Offices, district kaifong associations, political groups, Consumer Council and Independent Commission Against Corruption, have now added up to quite a number of channels of complaint.

To a citizen or a complainant, the most important thing is to get his problems solved. Records of complaints fall into four categories:—

(1) Complaints by a particular social sector collectively affected by govern- ment policies-This includes people from a particular trade, group or district who are not satisfied with a certain government policy. They feel they are neglected and their status is not acknowledged. They may demand an amendment to the law or government policies to their benefit or seek acknowledgement by law. Take for example, the depositors of

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a deposit-taking company who have lost their savings may appeal to the Government for sympathy; the fishermen may ask for more berthing in the typhoon shelter; people from certain district may petition for space improvement of environmental pollution in the area.

(2) Complaints by individuals-Some people may think they are being oppressed by some government policies or government officials, and hope to seek fair treatment to their cases by the government depart- ments. For example, they may complain against an unsuccessful applica- tion for a licence, arrest by the government officials, demolition of their houses without any compensation, unavailability of detailed explanation on legal proceedings which they do not understand.

(3) Complaints about social matters-Under this category, there may not be an individual complainant as the cases concern the whole society. For example, only people with disposable income (rent deductible) not exceeding $1,500 are qualified for legal aid; people have to go to the Immigration Department to renew their Identity Cards thrice within a few years; the development of the transport and road system cannot meet the demand of certain districts, etc.

(4) Complaints against social injustice-These complaints are about loop- holes of the law and maladministration of the Government, for example, the Government's failure to solve the problem of pornographic signs. Another example is a case handled by my ward office. The complainant lives at 541, Canton Road. His sub-tenant was convicted of 'Possession of Dangerous Drugs' and according to section 38 of the related Ordinance, Chapter 134, the principal tenant and sub-tenants of the flat must all move out. This case involves the Legal Department, RHKPF, the Magistracy and the Legal Aid Department and has not yet been settled.

To seek judicial review, one has to prove that certain departments have failed to observe the rules of natural justice or the officials have made decisions beyond their powers. The expenses involved are great.

The complainants hope that the Government may solve their problems or give a reply to their queries openly. They also request the Government to give details on the administrative policies and explanations on future budgets or plans. At present, although there are many channels of complaint, a practical solution to the issue is to set up an independent central body to deal with trans- department policies.

The Commissioner for Administration should be independent and his staff comprising professionals from the Government departments as well as the private sectors, should have powers conferred by statute. The Commissioner for Administration should have close contacts with the Independent Commission Against Corruption, the Department of Audit and the community leaders. He must take initiative to review maladministration within the Government.