Towards an accountable and quality public administration in hong kong: Redressing administrative grievances through the ombudsman

International Journal of Public Administration

Volumn 25, Issue 6, 2002, Pages 737-772

  Lo, Carlos Wing Hung ^a   Wickins, Robert J ^a  

^a HONG KONG POLYTECHNIC UNIVERSITY   (Hong Kong)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84937379577     PISSN: 01900692     EISSN: 15324265     Source Type: Journal    
DOI: 10.1081/PAD-120003817     Document Type: Article

References (92)

1. Established by the Commissioner for Administrative Complaints Ordinance Cap 397 of the Laws of Hong Kong.
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19. Seneviratne, M., 1994. Ombudsmen in the Public Sector 2Buckingham: Open University Press. Ombudsmen in most of the commonwealth countries can only handle cases of administrative complaints referred by the legislature, while those in most European countries and non-commonwealth nations can also take up a case on his own initiative. See
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22. Section 2, Commissioner for Administrative Complaints Ordinance Cap 397.
23. See for example, Section 2, Commissioner for Administrative Complaints Ordinance Cap 397, Schedule 2. Note also that under section 10(1)(e) the Commissioner is not to investigate a complaint if the complainant has a remedy by proceedings in any court or a right of appeal or review on the merits under any ordinance to the Governor, the Governor in Council or any board or tribunal, unless the Commissioner is satisfied that it is not reasonable in the circumstances to expect the complainant to use such remedy or right.
24. See, for example, sections 12, 13(1), 14, 20 and 23 of the Ordinance for these powers and offenses.
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48. The Heung Yee Kuk is a government advisory and consultative body for the New Territories given statutory recognition by the Heung Yee Kuk Ordinance Cap 1097.
49. It should be noted that there is a Private Bills Ordinance Cap 69, and Orders 23 and 39 of the Standing Orders of the Legislative Council provided that a private member's bill which changed the revenue or public moneys of Hong Kong required the recommendation of the Governor before introduction into the Legislative Council. There was a substantial increase in private members bills shortly before the 1997 transition. Note that Article 74 of the Basic Law also allows for private members bills, subjects to certain restrictions.
50. Section 9 of the Crown Rights (Re-entry and Vesting Remedies) Ordinance Cap 126 provides that the Governor or the Governor in Council can cancel any memorial of re-entry on such terms as he in his discretion may think fit. Note that section 64 of the Interpretation and General Clauses Ordinance Cap 1 provides that the Governor in Council when considering any appeal or objection shall act in an administrative or executive capacity and not in a judicial or quasi-judicial capacity and shall be entitled to consider any information or advise in his absolute discretion and may make any decision he shall think fit, and no court proceedings by way of judicial review may be taken against the Governor in Council in respect of any such proceedings.
51. See, Simpson v Attorney General [1994] 3NZLR 667 However, in Northern Territory of Australia v Mengel (1995) 129 ALRI, the High Court of Australia refused to extend the law of tort to provide a remedy to a citizen for economic loss caused by the unauthorised actions of government officials.
52. See, for example, Rowling v Takaro Properties Ltd [1988] 1 AIIER 163, Ngao To-ki v Attorney General [1981] HKLR 259, Yuen Kun-yeu v Attorney General [1987] HKLR 1154, and Davis v Radcliffe [1990] 2 AIIER 536.
53. See, section 7 of the Post Office Ordinance Cap 98, section 18 of the Crown Land Ordinance Cap 28, section 123 of the Banking Ordinance Cap 155 and section 37 of the Buildings Ordinance Cap 123.
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55. See sections 16(3) and 22 of the Ordinance.
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65. See schedules 1 and 2 of the Ordinance.
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68. See Annual Report of the Commissioner for Administrative Complaints, Hong Kong, 1st–8th, 1989–1996; and Annual Report of The Ombudsman, Hong Kong, 9–10th, 1997–1999, Hong Kong, the Government Printer Hong Kong 1989–1999.
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