THE OMBUDSMAN IN HONG KONG: ROLE AND CHALLENGES UNDER THE
TRANSFORMATION OF GOVERNANCE IN THE POST-1997 ERA 115
115
ASIA PACIFIC LAW REVIEW, Vol 17 No 1 © LexisNexis, 2009
Wilson Wong and Raymond Yuen
*
he Ombudsman in Hong Kong:
Role and Challenges under the
Transformation
of Governance in the Post-1997 Era
Abstract
he concept of the ombudsman has been adopted in a wide variety of political
contexts and constitutional arrangements, therefore discussions on the role and
efectiveness of an ombudsman cannot be detached from the speciic context
of governance. he Ombudsman was introduced in Hong Kong in 1989 with
the aim of promoting a fair, open and effective government. By redressing
administrative grievances, it has emerged as an essential and efective mechanism
for defending administrative justice in the ‘executive-led’ and soft-authoritarian
administrative state. With the changing governance context in the post-1997
era, the role of the Ombudsman has been strengthened rather than weakened.
his article examines the major forces driving the transformation of governance
in Hong Kong in the post-1997 era in their political, administrative and socio-
economic contexts to discuss how they impact on the Ombudsman in its role of
advancing the quality of governance in Hong Kong.
Introduction
While the modern ombudsman originated in Sweden and then the other
Scandinavian countries, the idea of the ombudsman soon spread across the
globe and became a pre-eminent approach to tackling administrative grievances.
Despite this global trend, divergences can still be found in the actualisation of
the institution.
1
These divergences are often reflections and manifestations of
* Wilson Wong is an Associate Professor and Raymond Yuen is a PhD student in the
Department of Government and Public Administration of Chinese University of Hong
Kong.
1
E Welch and W Wong, “Public Administration in a Global Context: Bridging the Gaps
between heory and Practice of Western and Non-Western Nations” (1998) 58 Public
Administration Review pp 40-50.