Paper for the Bills Committee on
Commissioner for Administrative Complaints (Amendment) Bill 1996
COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS
(AMENDMENT) BILL 1996

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INTRODUCTION

This paper aims to provide a written response to the two questions raised by Members at the second meeting of the Bills Committee held on 29 October 1996.

SECRETARIATS

2. Members asked whether the Administration would consider moving the Legislative Council Secretariat and the Secretariats of the Urban Council and the Regional Council from Part I to Part II of Schedule 1 in the Bill.

3. Schedule 1 to the COMAC Ordinance sets out the organisations to which the ordinance applies. Under the COMAC (Amendment) Bill 1996, Section 7(1) would read -

"The Ombudsman may investigate any action taken by or on behalf of -

1. an organization set out in Part I of Schedule 1 in the exercise of its administrative functions; or
2. an organization set out in Part II of Schedule 1 in the exercise of its administrative functions in

relation to the Code on Access to Information published by the Government, .........."

The Urban Council and the Regional Council have been included in the Schedule since June 1994. The proposal to move the secretariats of the two municipal councils from Part I of the Schedule to Part II would be very odd in that their principals would remain in Part I of the Schedule. Such a step can hardly be justified.

4. Furthermore, the Code on Access to Information currently applies to government departments only and the Administration’s plan is to extend the Code throughout the Government by the end of the year. It would be premature to put non-government departments in Part II of the Schedule. The same applies in the case of the Legislative Council Secretariat.

SCHEDULE 2 ITEM 10

5. The intent of Schedule 2, item 10 is to ensure the security of matters relating to the prevention, investigation and detection of crime by the Police and the ICAC. The Administration will consider how the present proposal can be further refined.

Administration Wing, CSO
11 November 1996

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