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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
inquiry 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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| 2. |
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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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| 3. |
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The Ombudsman, together with any staff and
Advisers appointed by him under The Ombudsman Ordinance are
all bound by law, under penalty of a fine and imprisonment,
to maintain secrecy on all matters that come to their
knowledge in the exercise of their statutory function under
The Ombudsman Ordinance. In this connection, any person or
organisation can provide information to the Office without
reserve or fear of reprisal. |
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| 4. |
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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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| 5. |
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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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| 6. |
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You can lodge a complaint by email to
complaints@omb.gov.hk . However, we will correspond with you
by post under confidential cover unless you have a securely
encrypted email account accepted by The Ombudsman for
transmission of complaint related information. Otherwise, we
have to respond by post to guard against disclosure, as we
are required by law to maintain stringent secrecy |
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| 7. |
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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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| 8. |
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Unlike Court verdicts, The Ombudsman's
recommendations are not binding. Nevertheless, after making
recommendations in investigation reports, this Office will
follow up with the organisation(s) concerned at regular
intervals on the progress of implementation. Where an
organisation refuses to accept, fails to implement or to act
adequately on any recommendation, The Ombudsman may submit a
report to the Chief Executive. In such event, The Ombudsman
Ordinance requires a copy of the report be laid before the
Legislative Council within one month or such longer period
as the Chief Executive may determine. |
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| 9. |
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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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| 10. |
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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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| 11. |
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Any complaint against staff for poor manner
and work procedure, etc. can be directed to the Chief
Manager (head of administration) of the Office for an
independent inquiry. However, staff complaints are sometimes
caused by complainants’ dissatisfaction on our findings and
conclusions. If this the case, the complainants are welcome
to write to The Ombudsman directly to seek on review of
their cases. |
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| 12. |
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Regardless of your nationality or right of
abode, you may lodge a complaint to this Office if you are
dissatisfied with any maladministration by Government
departments and the public organisations under The
Ombudsman's purview. |