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Have you
ever felt aggrieved by the administrative action of a
Government department or public organisation and looked
for a complaint channel to voice your grievance? The
function of The Ombudsman is to investigate into
complaints of maladministration. Where your complaint
has a prima facie case, The Ombudsman will look
into it with a view to redressing your grievance, and
improving the efficiency and quality of service in the
public sector.
 What can The Ombudsman do for me?
The
Ombudsman can:
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investigate complaints
against Government departments/agencies and
major public organisations for alleged
maladministration; |
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investigate complaints against any
Government departments/agencies for
non-compliance with the Code on Access to
Information; and |
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initiate direct investigation into issues of
potentially wide public interest and concern. |
 What is maladministration?
Broadly
speaking, maladministration means poor, inefficient or
improper administration. It may take many forms, which
include:
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- Failure to
follow procedures, delay
- Error,
wrong decision/advice
- Negligence, omissions
- Disparity
in treatment, unfairness, selective enforcement
- Ineffective
control
- Lack of
response to complaint
- Faulty
procedures
- Staff
attitude
- Abuse of
power
- Delay
- Selective enforcement
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 Which are the organisations that I may complain against?
Complaint against maladministration:
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Government
departments (except the Independent Commission Against
Corruption, the Hong Kong Auxiliary Police Force, the
Hong Kong Police Force and the Secretariat of the Public
Service Commission); |
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23 major
statutory organisations (the Airport Authority,
Auxiliary Medical Service, Civil Aid Service, Consumer
Council, Employees Retraining Board, Equal Opportunities
Commission, Estate Agents Authority, Financial Reporting
Council, 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, Vocational Training
Council and West Kowloon Cultural District Authority). |
Complaint
against breach of the Code on Access to Information:
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Government departments, including the
Independent Commission Against Corruption, the
Hong Kong Auxiliary Police Force, the Hong Kong
Police Force and the Secretariat of the Public
Service Commission. |
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 How will The Ombudsman handle my complaint?
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All
complaints will be treated in the strictest confidence.
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The
Ombudsman will examine whether he is empowered to act on
your complaint according to the provisions of The
Ombudsman Ordinance, including whether there is a
prima facie case to warrant investigation. |
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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. |
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You will be
advised of the results of the investigation or the
reason for not pursuing your complaint. |
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In the
course of investigation, if The Ombudsman identifies
faults in the administrative action/system, he 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?
Complainants can lodge complaints to the Office by the
following methods:
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In person
30/F, China Merchants Tower, Shun Tak Centre, 168-200 Connaught Road
Central, Hong Kong
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In writing
By post-free complaint form
Available at the Office of The Ombudsman and
District Offices of the Home Affairs Department
By letter
through post 30/F, China Merchants Tower, Shun Tak Centre, 168-200
Connaught Road Central, Hong Kong OR G.P.O. BOX
No. 3300, Hong Kong
By fax
(852) 2882 8149
By email
complaints@omb.gov.hk |
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By telephone
(852) 2629 0555
For complaint of a simple nature involving no
more than two organisations or complainants with
difficulty to express their complaints in
writing |
 What are the complaint handling methods?
The Office adopts the following
methods to deal with complaints received:
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Inquiry
The Ombudsman may conduct an inquiry to resolve
general complaints more speedily. He will ask
the organisation under complaint to respond to
him and, if he thinks fit, the complainant in
parallel. He will examine such response, the
complainant’s view on it, if applicable,
together with any other relevant information or
evidence collected. He will, in conclusion,
present his findings to the complainant and make
suggestions to the organisation for remedy or
improvement where necessary. Where deeper and
fuller probing is needed before the case can be
concluded, he will start a full investigation.
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Mediation
For cases involving only minor or no
maladministration, The Ombudsman may resolve
them by mediation after obtaining the consent of
both the complainant and the organisation under
complaint. The two parties will meet to explore
a mutually acceptable solution, with an
investigator trained in mediation from the
Office acting as impartial mediator.
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Full
Investigation
Where a complaint
involves issues of principle, systemic flaws or
serious maladministration, The Ombudsman will
conduct a full investigation, with prior notice
to the head of the organisation under complaint.
A full investigation is an in-depth inquiry and
usually involves the making of recommendations
upon conclusion to the head of the organisation
for improvement or remedy. |
 What are the
circumstances where complaints are not followed up or
investigated?
The followings are not subject to investigation:
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Legal proceedings or
prosecution decisions; |
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Contractual or other commercial
transactions; |
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Personnel matters; and |
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Imposition or variation of
conditions of land grant, etc. |
There are statutory
restrictions on The Ombudsman's investigation. He will
not normally investigate:
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Actions
which the complainant has had knowledge for more
than two years; |
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Complaints
made anonymously; |
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Complaints not made by person
aggrieved or suitable representative; |
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Subjects of complaints and
complainants having no connection with Hong
Kong; and |
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Complaints that are trivial,
frivolous, vexatious or not made in good faith,
etc. |
When you lodge a complaint, please be sure that:
 the department/organisation under complaint is among
those listed in
 you are the aggrieved person
 the complaint is not under those restrictions listed in
 you have provided your name and correspondence
address/contact methods
(last updated in May 2011)
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