Some Reflections on the Legislative Context of the Hong Kong Ombudsman

This article focuses on the legislative framework of the Ombudsman. Having set out the organisational context in which the Ombudsman operates, the article points out the Ombudsman's dependence on the administration especially for the implementation of his recommendations. The article examines the jurisdiction of the Ombudsman and argues that the legislative provisions which are more in line with those in New Zealand, Australia and Canada, than those in the United Kingdom, must be given a liberal interpretation so that the Ombudsman is not necessarily barred from inquiring into the merits of an administrative decision. It notes that in the United Kingdom 'maladministration' has acquired a wider meaning bringing the Ombudsman's jurisdiction closer to his counterparts in countries like New Zealand. It advocates fresh thinking on the scope of the jurisdiction of the Hong Kong Ombudsman with a view to further legislative changes.