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Constitution and Administration
Directly responsible to the Chief Executive, the Ombudsman serves as the community's monitor on government departments and 23 major public bodies specified in a schedule to the ordinance to ensure that:
• bureaucratic constraints do not interfere with administrative fairness;
⚫ public authorities are readily accessible to the public;
• abuse of power is prevented;
• wrongs are righted;
• facts are pointed out when public officers are unjustly accused;
• human rights are protected; and
• the public sector continues to improve its quality, transparency and efficiency.
Two exceptions to the monitoring system are the Hong Kong Police Force and the Independent Commission Against Corruption, both of which have their own separate bodies for dealing with public complaints.
Besides investigating complaints, the Ombudsman has been empowered since 1994 to initiate direct investigations into matters of public interest and widespread concern, and publish the reports. This proactive and preventive approach aims at addressing problems affecting a broad spectrum of the community. The direct investigations are particularly useful in redressing administrative flaws of a systemic nature and addressing fundamental problems or underlying causes for complaint.
The Ombudsman completed five direct investigations in 2011-2012. These five investigations concerned:
• Conservation of country parks;
• The water billing system;
• Special education services for students with emotional and behavioural difficulties;
Monitoring for private residential care homes for the elderly; and
Granting of short-term tenancies.
The reports of all direct investigations have been published and are available from the Resource Centre of the Ombudsman's office and via the website at www.ombudsman.hk.
The Ombudsman may also investigate complaints of non-compliance with the Code on Access to Information against government departments, including the Hong Kong Police Force and
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