COMAC to initiate direct investigation

The Commissioner for Administrative Complaints (COMAC), Mr Andrew So, announced today (Tuesday) that a direct investigation would be conducted on the Buildings Department's enforcement actions against unauthorised building works (UBW).

Mr So explained at a press conference that under Section 7(1)(b) of the COMAC Ordinance, he was empowered to initiate investigations on his own volition, even though no complaint on the matters had been received.

Mr So said the question of UBW had been a regular subject of complaints over the years, particularly in relation to the selective enforcement by the department in accordance with its current policy adopted since 1988.

He had so far concluded 31 investigations of this nature, in the light of which two complaints were substantiated, while another 12 were partially substantiated.

These conclusions were however based on the fact that the actions or non- action taken by the department were in accordance with its established procedures.

The Commissioner said in the last six months there were already 17 such complaints.

In view of these repeated complaints, he felt that no further piecemeal approach would serve any useful purpose.

Instead he considered that the fundamental question should be addressed, to see if the established procedures themselves might be the underlying reason for complaints.

The direct investigation would focus on the rationale of and procedures on the selective enforcement of UBW.

The Commissioner added, that it would not affect the Buildings Department's handling of individual cases of UBW in accordance with its established procedures in the meantime, as provided for under Section 19 of the COMAC Ordinance.

On the question of time frame, the Commissioner said he hoped to complete the investigation in the shortest time possible. However, much would depend on an initial assessment of the situation which his team of investigators was working on.

End/Tuesday, January 3, 1995

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