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MUNICIPAL councillors are divided on whether the council's authority to issue licences should be deemed as an administrative power that requires monitoring by the ombudsman.

  Chief Secretary Sir David Ford, in a recent letter to Regional Councillors, said it was planned to bring complaints such as the issuing of licences under the Commissioner of Administrative Complaints (COMAC) ordinance to give the ombudsman power to investigate them.

  All municipal councillors, with a few exceptions, were unconvinced by the argument and maintained that the two councils should not be included in the jurisdiction of the ombudsman.

  Regional Councillors voted 22 to three last week against the plan, which is expected to take effect from April.

  Regional Councillor Mr Wong Luen-kin rejected Sir David's interpretation that the issuing of licences was part of an administrative exercise.

  ''I would think the licensing board is given the power to arbitrate applications for licences, and it does not have any administrative power,'' he said.

  His views were echoed by the council's vice-chairman Dr Pang Hok-tuen, who said the council had only policy-making power and therefore should not be put under the jurisdiction of COMAC.

  Mr Gilbert Leung Kam-ho, who is also a Legislative Councillor, said the proposal was a challenge to the independence of the Regional Council.

  Mr Tso Shiu-wai said the call for COMAC to monitor the council reflected that the proponents had a deep distrust of the democratic system.

  Mr Carlos Cheung Kon-Kau said it was questionable whether appointees should watch over elected councillors.

  But liberal councillors supported the plan, saying any form of monitoring would help safeguard the public interest.

  United Democrat legislator Mr Albert Chan Wai-yip said even if there were elected members sitting on the council, its administrative power still called for some kind of vigilance.

  ''The monitoring of the COMAC will also help to increase the council's image of being open and accountable to the public,'' he said.

  Mr Yim Tin-sang of the Association for Democracy and People's Livelihood said the plan was a great step in promoting democracy, and should be enacted.

  But Urban Councillor Mrs Elsie Tu insisted that it was unnecessary to put the council under the scrutiny of the ombudsman.

  ''The Urban Services Department is the executive arm of the council. It issues licences basing on the policy laid down by the council. And the ombudsman already has the power to investigate the USD,'' she said.

  There was also the council review board to look into complaints, and a totally independent appeal board chaired by a magistrate to rule on any appeals, she added.

  Dr Leung Ping-chung said the ombudsman should spare his efforts for more important investigations,      adding that the matters dealt with by the council were very simple and were already monitored by other bodies such as the Consumer Council.



Councillors divided on plan to monitor issuing of licences