The control of administrative discretion through appeal boards in Hong Kong

Pao Yue-kong Library Electronic Theses Database

The control of administrative discretion through appeal boards in Hong Kong

 

Author: Lau, Kai-sun
Title: The control of administrative discretion through appeal boards in Hong Kong
Degree: M.Sc.
Year: 2001
Subject: Administrative discretion -- China -- Hong Kong
Hong Kong Polytechnic University -- Dissertations
Department: Multi-disciplinary Studies
Dept. of Management
Pages: 94 leaves, 100 p. : ill. ; 30 cm
Language: English
InnoPac Record: http://library.polyu.edu.hk/record=b1555535
URI: http://theses.lib.polyu.edu.hk/handle/200/1459
Abstract: Like other governance systems, the government of Hong Kong makes use of appeal mechanisms to strengthen her governability and enhance receptivity of her policies. This dissertation report is a study on the mechanism of appeal bards, set up under statutes, in particular on how far these appeal boards control the Government's administrative discretions. Administrative discretion is a necessary functional component of the public administration system, and so it the control over it. Researches on the functions and control mechanisms over administrative discretion will be reported. These functions and control mechanisms are particularly important to HK., being an administrative state; they help bureaucrats review and refine their policies and help citizens check against the appropriateness of the bureaucrats' discretion. A five-pillar framework will be proposed, that helps systematically assess the control mechanism. in five perspectives, This framework puts the discretion control assessment viz, legal, institutional, procedural, communication and policy integration. After a general review of the appeal agents in HK, this report focuses with meticulous examination the mechanisms of the Town Planning Appeal Board set up under Town Planning Ordinance (Cap. 130) and the Appeal Tribunal (Buildings) set up under Buildings Ordinance (Cap. 123). The study suggests that, though varied in legal status, professional input and procedural arrangements, both appeal agents do give the concerned bureaucrats opportunities to refine the related policies. However, the refinement process has been arduous and costly in appeal hearings. If the bureaucrats had recognized, trough appeal hearings and decisions, the inadequacies of the policies sooner, an enormous amount of public funds could have been saved. Appeal agents are a functional component in HK Government's administrative system. It is the bureaucrats' responsiveness to these functions that help enhance the efficacies of these appeal agents.

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