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| The Office of The Ombudsman of Hong Kong
(formerly known as The Office of The Commissioner for
Administrative Complaints) was established in 1989. The
Office was formally delinked from the Government after The
Ombudsman (Amendment) Ordinance came into operation on
December 19, 2001. The Ombudsman is appointed by the Chief
Executive of the Hong Kong Special Administrative Region. He
serves as the community's watchdog to ensure that: |
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Bureaucratic constraints do not interfere
with administrative fairness |
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Public authorities are readily accessible to the public |
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Abuses of power are prevented |
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Wrongs are righted |
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Facts are pointed out when public officers are unjustly
accused |
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Human rights are protected |
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The public sector continues to improve quality and
efficiency |
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| The powers and jurisdictions of The
Ombudsman include investigation of complaints of
maladministration against all Government departments (except
the Hong Kong Police Force the Hong Kong Auxiliary Police
Force, the Secretariat of the Public Service
Commission and the Independent Commission Against
Corruption) and 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.
Investigations can also be initiated on The Ombudsman's
own volition, without any complaint received, and he can
publish anonymised investigation reports of public interest
at any time.
The Ombudsman has the power to investigate complaints of
non-compliance with the Code on Access to Information by the
Hong Kong Police Force, the Independent Commission Against
Corruption, the Hong Kong Auxiliary Police Force and the
Secretariat of the Public Service Commission, in addition to
Government departments and organisations under his
jurisdiction.
However, there are some restrictions to The Ombudsman's
powers under the Ordinance. For instance, he will not
normally investigate complaints which have a statutory
channel for appeal or objection, or where a similar
complaint has been investigated and no maladministration has
been found, or complaints which are trivial, frivolous,
vexatious or made in bad faith.
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Complaints can be lodged in writing, by
email or by phone. Post-free complaint forms are obtainable
at the Office of The Ombudsman and District Offices of the
Home Affairs Department. Complainants can visit the Office
of The Ombudsman in person to seek assistance. The Office
also accepts complaints lodged by telephone when the
complaints are simple or when the complainants have
difficulty to express themselves in writing. All complaints
lodged with the Office are treated in the strictest
confidence.
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In general, the Office will handle
complaints by the following four methods:
a. Internal Complaint Handling Programme ("INCH") - for
less complex cases, the Office will undergo inquiry under
INCH with the consent of the complainant. The Ombudsman will
transfer the complaint to the complainee organisation(s),
which will be responsible for replying directly to the
complainant. The Ombudsman will monitor the reply made by
the organisation(s) concerned and will intervene if the
complaint is not handled properly or completely.
b. Rendering Assistance/Clarification ("RAC") - for dispute
ongoing for some time or complainants do not consent to
referral to complainee organisation(s) for replies, The
Ombudsman will request the complainee organisation(s) to
provide information and comments, The Ombudsman will then
write to the complainant to explain or clarify the case. If
serious maladministration is discovered in the process of
investigation, a full investigation can be developed.
c. Mediation - with the voluntary consent of both the
complainant and the organisation concerned, mediation may be
adopted to settle a dispute. The two parties meet to resolve
the dispute directly. The Ombudsman will act as a neutral
mediator, and will not make any judgment or comment on the
dispute.
d. Full Investigation - for complex cases involving issues
of principle or serious maladministration, The Ombudsman
will conduct a full investigation, with prior notice to the
Head of the organisation under complaint. Full investigation
involves examining documents, conducting site inspections
and summoning witnesses, etc. If a complaint is
substantiated, the Office will make recommendations to the
organisation concerned and issue draft Investigation Report
to the Head of the organisation for their comments.
Subsequently the Office will monitor the implementation of
recommendations by the organisation(s). |
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The number of complaints handled and
concluded during the reporting year of 2009/10 are 5 869 and 4 775 respectively. On completion
of full investigation of 126 cases and seven direct
investigations, 141 and 62 recommendations respectively were
made, that is a total of 203. As of March 31, 2010, 195
(96.1%) of them have been accepted by the organisations for
implementation and six (3.0%) are still under consideration.
Two have been dropped subsequently: one for practical
reasons accepted by us and the other overtaken by events. |
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| The Office of The Ombudsman undertakes a
wide variety of activities in educating the public on their
rights to a responsible, fair, open and efficient public
administration. These include: |
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distributing publicity leaflets and posters; |
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broadcasting publicity messages on local television,
radio and local transports; |
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producing publicity video on the purview, functions and
powers of the Office; |
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developing interactive computer game; |
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organising press conference and publishing regular
newsletter, the OmbudsNews, |
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conducting visits, briefings and talks to Government
departments, major statutory organisations, universities,
schools, social services organisations, District Councils,
etc.; |
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organising The Ombudsman Awards to recognize
professionalism in complaint handling and to foster a
positive culture in public sector; |
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opening The Ombudsman's Resource Centre to the public;
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announcing news and developments of the Office through
the website. |
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| The Ombudsman of Hong Kong has been elected
as a member of the Board of Directors of the International
Ombudsman Institute ("IOI") and the Secretary of the Asian
Ombudsman Association ("AOA"). |
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