The Politics of the Ombudsman: The Hong Kong Experience

Marc Hertogh and Richard Kirkham (eds), Research Handbook on the Ombudsman (Edward Edgar, November 2018), pp 91-112, ISBN: 978 1 78643 124 0

University of Hong Kong Faculty of Law Research Paper No. 057

36 Pages Posted: 31 Aug 2019 Last revised: 13 Oct 2019

See all articles by Johannes M M Chan

Johannes M M Chan

The University of Hong Kong - Faculty of Law

Vivian Wong

The University of Hong Kong

Date Written: January 26, 2018

Abstract

This is an inter-disciplinary study on the effectiveness of the Ombudsman in Hong Kong. Established in the last days of British governance in Hong Kong, the Ombudsman was greeted with skepticism by the incoming regime and the public. The first part of this chapter reviews the role of the Ombudsman in such political context, and the constraints in establishing its credibility and extending its jurisdiction. The second part of the chapter reviews the effectiveness of the Ombudsman, particularly its experience in launching direct investigation and its success and limitations in improving the quality of public administration and governance. It is argued that in a semi-democracy, an independent Ombudsman may serve to provide the much-needed legitimacy to the governing regime. At the same time, it has to work within the political constraints and maintain its credibility. The balance requires political sensitivity and pragmatism, and the success of the Ombudsman will depend on its ability to respond to the socio-political context in which it is to operate.

Keywords: Ombudsman, maladministration, different models or Ombudsman, human rights as maladministration, Human Rights Commission, semi-democracy and accountability

Suggested Citation

Chan, Johannes Man-mun and Wong, Vivian, The Politics of the Ombudsman: The Hong Kong Experience (January 26, 2018). Marc Hertogh and Richard Kirkham (eds), Research Handbook on the Ombudsman (Edward Edgar, November 2018), pp 91-112, ISBN: 978 1 78643 124 0, University of Hong Kong Faculty of Law Research Paper No. 057, Available at SSRN: https://ssrn.com/abstract=3443018

Johannes Man-mun Chan (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01292

Vivian Wong

The University of Hong Kong ( email )

Pokfulam Road
Hong Kong, Pokfulam HK
China

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