CONSTITUTION AND ADMINISTRATION
extended to cover major statutory bodies. He can initiate investigations on his own volition and may publish investigation reports of public interest. Direct investigations conducted by the Ombudsman included unauthorised building works in private buildings and in exempted houses in the New Territories, overcrowding relief in public housing, accommodation for foreign domestic helpers, emergency vehicular access in public and private building developments, bursting of water mains and general outpatient services.
In December 1996, the ordinance was amended to bring about a change in COMAC's English title to 'The Ombudsman', a title widely used internationally. The amendment ordinance also enhances the Ombudsman's operation and empowers him to investigate complaints of non-compliance with the Code on Access to Information against departments/agencies in the government not covered by the ordinance, such as the Police, the Independent Commission Against Corruption and the Secretariats of the Independent Police Complaints Council and the Public Service Commission. The code was introduced in March 1995 and gradually extended to all government departments/agencies by December 1996 with the Ombudsman as the common independent review body for alleged breaches.
The office received 6 129 enquiries and 2 870 complaints in 1996, compared with 4 881 enquiries and 2 607 complaints in 1995.
The areas which attracted substantial numbers of complaints were related to delays; errors or wrong decisions; disparity in treatment or unfairness; ineffective control; abuse of power; rudeness; lack of response to complaints, negligence or omissions; failure to follow procedures and selective enforcement. The organisations receiving most complaints were the Housing Department, Lands Department, Immigration Department, Buildings Department, Urban Services Department, Legal Aid Department, Inland Revenue Department, Transport Department, and Hospital Authority. Most of these organisations have frequent contact with members of the public and are more vulnerable to complaints than the others.
Office of the Director of Audit
The Audit Department is one of the oldest departments in Hong Kong. The first Auditor-General was appointed in 1844.
The Audit Ordinance, enacted in 1971, provides for the appointment, security of tenure, duties and powers of the Director of Audit; for the submission of annual statements by the Director of Accounting Services; for the examination and audit of those statements by the Director of Audit; and for the submission of the latter's report on these to the President of the Legislative Council. The Director of Audit has wide powers regarding access to books, documents and records, and the explanations which may be required. He functions independently of the administration and is free to report publicly.
Aside from auditing the government's accounts, the Director of Audit also audits the accounts of the Urban Council, the Regional Council, the Vocational Training Council, the Hong Kong Housing Authority, the ex-government hospitals under the Hospital Authority, six trading funds and more than 60 statutory and non-statutory funds and other public bodies. The Director also reviews the financial aspects of the operations of the multifarious government-subvented organisations in Hong Kong.
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