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All complaints made to the Office will firstly be screened to see if they fall under the jurisdiction of The Ombudsman. If not, the complainant will be informed of the reasons why the Office will not handle his complaint. If the complaint falls under the jurisdiction of The Ombudsman, depending on the nature of the complaint, it will be dealt with either by full investigation or by simple inquiries or mediation. All complaints will be handled in the strictest confidence and the complainants will be informed of the results of their complaints eventually. |
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According to The Ombudsman Ordinance, The Ombudsman shall not undertake or continue an investigation into a complaint if the complaint is made anonymously. |
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According to The Ombudsman Ordinance, The Ombudsman will not investigate complaints falling under one or more of the following circumstances : |
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Actions by the Hong Kong Police Force, Hong Kong Auxiliary Police Force or the Independent Commission Against Corruption other than alleged breaches of the Code on Access to Information. |
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Actions by departments/organisations not under the jurisdiction of The Ombudsman. |
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Complaints about policy, personnel matters or contractual/ commercial transactions. |
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Actions of which the complainant has had knowledge for more than 2 years. |
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Complaints not made by the aggrieved himself or an office bearer acting on behalf of a body corporate. |
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Cases for which the complainant has a statutory right of appeal or objection or a remedy through the courts. |
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Cases in which court proceedings have commenced, including any decision whether or not to prosecute any person for an offence. |
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Complaints about the imposition or variation of any condition of granting, extending or renewing any interest in Government land. |
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Actions taken in relation to the Hong Kong Codes on Takeovers and Mergers and Share Repurchases. |
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Complaints that are trivial, frivolous, vexatious or made in bad faith. |
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Expression of opinion/request for assistance that is not related to maladministration. |
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You can lodge your complaint by telephone if it is simple or you have difficulty in expressing your complaint in writing. To ensure authenticity and accuracy of the complaint points, your consent would be sought for tape-recording of the telephone conversation and a record of the gist of the complaint would be sent to you for confirmation. Upon receipt of your duly signed complaint form, this Office will communicate with you mainly in writing. However, if your complaint involves many parties, or if you already have a fairly extensive history of correspondence with the organisation being complained against or if you wish to provide considerable evidence to support your case, then it would be better for the complaint to be lodged in writing or in person. |
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Full investigations are resource intensive and time consuming. Straightforward complaints are normally dealt with by simple enquiries or mediations, which aim at providing a speedy solution to the complainants' problem and bringing about better understanding between the complainant and the complainee organisation. |
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Depending on the results of the investigation, recommendations will be made to address the grievances of the complainant, such recommendations can be broadly classified into two categories, namely: |
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Redress of grievances, which mainly includes issue of apologies and implementing remedial measures to resolve the complainant's' problem |
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Administrative improvements which include streamlining faulty procedures and removing administrative errors, loopholes and deficiencies. |
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Any changes to The Ombudsman Ordinance including the jurisdiction of The Ombudsman are initiated by the Administration on a need basis and approved by the legislature. |
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Complainants who are not satisfied with the conclusions in respect of their complaints may appeal to the Office for a review. The Office will re-examine the complaints having regard to the arguments of the complainant and the additional information/evidence provided. The complainant may also consider seeking judicial review on The Ombudsman's decision or conclusion. |
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Any complaint against staff for mishandling of a complaint or poor attitude, etc. should be directed to the Chief Executive Officer of the Office for an independent inquiry. |