ENG-1994 — Page 58

CONSTITUTION AND ADMINISTRATION

In mid-1992, the government undertook a review of the COMAC redress system to identify areas where improvements could be made to strengthen its role as a safeguard against government maladministration. As a result, legislative amendments were enacted in June 1994 to widen COMAC's powers and jurisdiction. The major changes include allowing members of the public to take their complaints directly to the Commissioner. (Previously, a referral system required a complaint lodged with the Commissioner to be referred to him by a non-official member of the Legislative Council.) The Commissioner's jurisdiction has also been extended to six major statutory bodies the Hong Kong Housing Authority, Kowloon-Canton Railway Corporation, Mass Transit Railway Cor- poration, Securities and Futures Commission, Regional Council and Urban Council. The Commissioner also has the power to initiate investigations of his own volition, without any complaint being received; and to publicise investigation reports of public interest, subject to the withholding of the names of the individuals involved in the complaints.

As a result of these changes, the number of enquiries and complaints received during the year increased sharply by threefold and sixfold, respectively.

In 1994, a total of 549 complaints were received by the office. Together with 36 cases carried over from the previous year, there were in all 585 cases for disposal. During the year, 222 cases were completed. Of these, 78 were formally investigated and 15 were settled informally. Of those cases investigated, eight (10 per cent) were found to be substantiated in whole and 25 (32 per cent) in part. In 45 cases (58 per cent), the complaints were found to be unsubstantiated.

The areas which attracted substantial numbers of complaints related to errors or wrong decisions; followed by delay, rudeness, negligence or omission; abuse of power; faulty procedures and disparity in treatment or unfairness. In terms of complaints against departments, the Housing Department received the most complaints, followed by the Lands Department, the Urban Services Department, the Transport Department, the Hospital Authority, the Immigration Department, the Social Welfare Department, the Inland Revenue Department and the Legal Aid Department. Most of these departments have frequent 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. This 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

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