ENG-1993 — Page 48

CONSTITUTION AND ADMINISTRATION

allowing the Commissioner to publicise investigation reports of public interest, subject to the withholding of the names of the individuals involved in the complaint. To put these recommendations into effect, the Commissioner for Administrative Complaints (Amendment) Bill 1993 was introduced into the Legislative Council on July 21. It is to be scrutinised by a bills committee of the council, to be formed soon.

Between January 1 and December 31, a total of 166 complaints were received by the office. Together with 41 cases carried over from the previous year, there were altogether 201 cases for disposal. During the year, 168 cases were completed. Of these, 88 were investigated and 18 were settled by mediation or informal resolution. Of those cases investigated, 10 (11 per cent) were found to be substantiated in whole and 26 (30 per cent) in part. In 52 cases, (59 per cent), complaints were found to be unsubstantiated.

The areas which attracted substantial numbers of complaints in 1993 related to errors or wrong decisions; followed by delay, negligence or omission; faulty procedures; disparity in treatment or unfairness; rudeness and failure to follow procedures. In terms of complaints by department, the Buildings and Lands Department (which was reorganised into the Buildings Department and the Lands Department on August 1) received the most complaints, followed by the Housing Department, the Inland Revenue Department, the Immigration Department, the Correctional Services Department, the Government Secretariat, the Labour Department and the Marine Department. These departments have much contact with members of the public and are more vulnerable to complaints than the others. ==

Office of the Director of Audit

The necessity for an audit presence was recognised in the very early days of Hong Kong and the Audit Department is, in fact, one of the oldest departments in the territory. An Auditor-General was first appointed in 1844, only three years after the cession of the territory.

The audit of the accounts of the Hong Kong Government is carried out under the terms of the Audit Ordinance enacted in 1971, which 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. Certain specific duties relating to the examination, audit, reporting and certification of the government's accounts are prescribed in the ordinance, and wide powers are given to the Director regarding his access to books, documents and records, and the explanations which he may require. In the performance of his duties and the exercise of his powers, the Director is not subject to the direction or control of any other person or authority, and considerable discretion is given to him in the conduct of his inquiries. The Director functions independently of the administration and he is free to report publicly as he sees fit.

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, and more than 50 statutory and non-statutory funds and other public bodies. He reviews, in addition, the financial aspect of the operations of the multifarious government-subvented organisations in Hong Kong.

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