Office of the Ombudsman (Hong Kong)
| 申訴專員公署 | |
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| Agency overview | |
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| Formed | 1989 |
| Headquarters | 30/F, China Merchants Tower, Shun Tak Centre, 168-200 Connaught Road Central, Hong Kong |
| Employees | 90 (March 2007) [1] |
| Annual budget | HK$85.1m (2008-09) [2] |
| Agency executives |
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| Website | www.ombudsman.gov.hk |
The Office of Ombudsman, is a statutory authorities established under the Ombudsman Ordinance set up in 1989. Its vision is to ensure Hong Kong is served by a fair and efficient public administration which is committed to accountable, openness and quality of services, mainly through means of investigation and giving recommendation to government department. They introduce themselves an organisation that “has been serving the community of Hong Kong by redressing grievances and addressing issues of maladministration in the public sector.”
The major purpose of Ombudsman is to investigate complaints against major public organisation, government department and its agencies. It also oversees the complaints against executive branches in relation to the non-compliance with the code of Access to information. Notably, the Ombudsman is empowered to initiate direct investigation into issues of potentially wide public interest and concern without the requirement of having a complainant. For instance, They have conducted 4-8 active investigation each year, for example the policy over special education service for students with emotional need after an enquiry by the Legislative Councillor. (Lau, 2016) Another example would be looking into the government policy on granting recreational lease and gave recommendation after the investigation.(Li, 2012)
The Ombudsman adopts different methods to handle complaint. The basic form is inquiry, referring to the practice that require the organisation to offer response for examination and giving suggestion thereafter. Yet when serious or further problems were observed, full investigation will follow. It applies when the complaint involves issues of principle, systematic flaws or serious maladministration (Lai, 2009). The in-depth full investigation will be conducted with prior notice the Head of the relevant department. In cases of minor maladministration, obtaining the consent of the complainant and the organisation concerned, investigators who are trained in mediation will serve as impartial mediator to settle the conflict. (Lai, 2012) ; Ombudsman, HK, 2013)
It worths noting that the Ombudsman will not have right to investigate into the following decisions due to statutory restrictions: Prosecutorial policy, legal proceedings, imposition (or variation) of condition of land grant, personnel matters and commercial transactions. (Ombudsman Ordinance, Schedule 2) Also, as published through the advertisement, they will not take complaints that the complainant had knowledge but fails to contact them for more than two years. (s10(1) of Ombudsman Ordinance) They will not take complaints that the complainant was not person aggrieved or the subjects of complainant has no connection with Hong Kong. The Ombudsman also retain the discretion to reject trivial, frivolous complaints or those that was not made with good faith. (s10(2) of Ombudsman Ordinance)
In its establishment in 1989, it is first named “The Commissioner for Administrative Complaints” under the Commissioner for Administrative Complaints Ordinance. By that time, the Ombudsman was not a corporate unit and may only handle complaint that was referred from the Legislative Councillor.(Legislative Council Secretariat, 1998)
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