Office of The Ombudsman, Hong Kong

Are you feeling aggrieved by the administrative action of a Government department or public organisation? Do you want to complain against the department or organisation? The function of The Ombudsman is to investigate into complaints of maladministration. Upon receipt of your complaint, The Ombudsman will conduct investigations into the complaint with a view to redressing your grievances, and improving the efficiency and quality of service in the public sector.

What can The Ombudsman do for me?
The Ombudsman can:
	conduct investigation into complaints against Government departments / major public organisations for alleged maladministration such as inefficiency, unreasonable or improper actions or procedures, abuse of power, negligence and disparity of treatment, etc;
	conduct investigation into complaints against any Government departments for non-compliance with the Code on Access to Information;
	initiate direct investigation into issues of potentially wide public interest and concern.

Which are the organisations that I may complain against?
Complaint against maladministration:
	Government departments (except the Hong Kong Police Force and the Independent Commission Against Corruption);
	17 major statutory organisations (the Airport Authority, Employees Retraining Board, Equal Opportunities Commission, Hong Kong Arts Development Council, Hong Kong Examinations and Assessment Authority, Hong Kong Housing Authority, Hong Kong Housing Society, Hong Kong Monetary Authority, Hong Kong Sports Institute Limited, Hospital Authority, Kowloon-Canton Railway Corporation, Legislative Council Secretariat, Mandatory Provident Fund Schemes Authority, Office of The Privacy Commissioner for Personal Data, Securities and Futures Commission, Urban Renewal Authority and Vocational Training Council).

Complaint against brench of the Code on Access to Information:
	Government departments, including the Hong Kong Police Force and the Independent Commission Against Corruption.

How will The Ombudsman handle my complaint?
	All complaints will be treated with the strictest confidence.
	If the complainant cannot be identified or traced, The Ombudsman shall not undertake an investigation into the complaint.
	The Ombudsman will examine your complaint to assess if it is properly lodged and falls under her jurisdiction.
	If yes, The Ombudsman will decide whether an investigation is necessary or whether your complaint can be resolved more suitably and expeditiously by way of the Alternative Dispute Resolution methods.
	You will be advised of the results of the investigation or the reason for not handling your complaint.
	In the course of the investigation, if The Ombudsman identifies faults in the administrative action / system, she may make recommendations to correct them, such as reviewing a decision, changing the procedures or suggesting remedies.

How to lodge a complaint with The Ombudsman?
	You must be the aggrieved party, either as an individual or the authorised representative of a body corporate.
	You should lodge your complaint in writing or by sending in an electronic mail and giving full particulars of the matter that is the subject of the complaint. (Mailing address: 30/F, China Merchants Tower, Shun Tak Centre, 168-200 Connaught Road Central, Hong Kong; post box: G.P.O. Box No. 3300, Hong Kong; fax number: 2882 8149; e-mail address: complaints@ombudsman.gov.hk ).
	You may use the post-free complaint forms which can be obtained from the Office of The Ombudsman and District Office of the Home affairs Department.
	If you can visit the Office in person: 30/F, China Merchants Tower, Shun Tak Centre, 168-200 Connaught Road Central, Hong Kong.
	You can also lodge your complaint by telephoning the Office (tel no. 2629 0555) if your complaint is of a simple nature or if you have difficulty to express your complaint in writing.

What are the Alternative Dispute Resolution (ADR) methods?
Some complaints do not involve major administrative faults. The Ombudsman may consider that the problems raised can be dealt with more expeditiously by way of informal resolution. Instead of a full investigation, this Office will refer the complaint to the complainee organisation and asked for the complaint to be resolved by one of the following ADR methods:
	Renderig Assistance / Clarification - The case will be concluded when The Ombudsman is satisfied with the information and comments supplied by the complainee organisation or when she considers that the complaint has been suitably addressed. The Ombudsman will write to the complainant with the necessary explanation and clarification.
	Internal Complaint Handling (INCH) Programme - This method will only be used when the complaint is simple and with the complainant's consent. The Ombudsman will refer the complaint to the complainee orgranisation and the latter will reply the complainant direct. The Ombudsman will monitor the reply and will only intervene when the organisation fails to address and / or resolve the complaint satisfactorily.
	Mediation - This is a voluntary process whereby the dispute is resolved directly between the complainant and the complainee organisation. The Ombudsman merely acts as a neutral facilitator and will not make decisions or offer opinion on the matter under dispute. Mediation enables complaints to be dealt with timely and hopefully resulting in a "win-win" situation.

Are there any limits to what The Ombudsman can do?
Yes, there are statutory restrictions. The Ombudsman will not normally investigate:
	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.
	Actions by departments / organisations not under the jurisdiction of The Ombudsman.
	Complaints about policy, personnel matters or contractual / commercial transactions.
	Actions which the complainant has had knowledge for more than 2 years.
	If the complaint is not made by the individual aggrieved himself or an office bearer acting on behalf body corporate.
	If the complainant has a statutory right of appeal or objection or a remedy through the courts.
	If court proceedings have commenced in relation to the complaint, including any decision whether or not to prosecute any person for an offence.
	Complaints about the imposition or variation of any condition of granting, extending or renewing any interest in Government land.
	Actions taken in relation to the Hong Kong Codes on Takeovers and Mergers and Share Repurchases.
	Complaints that are trivial, frivolous, vexatious or made in bad faith.
	Expression of opinion / request for assistance that is not related to maladministration.

Where can I obtain more information about the Office of The Ombudsman?
	For further information, you are welcome to visit our Resource Centre at Room 2501, 25/F, West Tower, Shun Tak Centre, 168-200 Connaught Road Central, Hong Kong.
	You can make telephone enquiries at :2629 0555.
	You can make your enquiries by fax at : 2882 8149, through e-mail : enquiry@ombudsman.gov.hk . OR by post to G.P.O. Box No.3300, Hong Kong.
	You can also visit our website: www.ombudsman.gov.hk.