ENG-1995 — Page 46

CONSTITUTION AND ADMINISTRATION

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make complaints directly to the Commissioner. The Commissioner's jurisdiction was extended to cover major statutory bodies including the Hong Kong Arts Development Council, Hong Kong Housing Authority, Hospital Authority, Kowloon-Canton Railway Corporation, Mass Transit Railway Corporation, Securities and Futures Commission, Regional Council and Urban Council. The Commissioner can initiate investigations of his own volition and may publish investigation reports of public interest.

Direct investigations were conducted by the Commissioner on 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, and bursting of water mains.

In 1995, 4 881 enquiries and 2 607 complaints were received by the office, compared with 594 complaints in 1994.

The areas which attracted substantial numbers of complaints were related to negligence or omissions; disparity in treatment or unfairness; delay; errors or wrong decisions; lack of response to complaints; failure to follow procedures and rudeness. The 10 organisations receiving most complaints were the Housing Department, Lands Department, Government Secretariat, Immigration Department, Buildings Department, Hospital Authority, Legal Aid Department, Transport Department, Urban Services Department and Inland Revenue Department. Most of these organisations have frequent contact with members of the public and are more vulnerable to complaints than the others.

In March 1995, the government introduced the Code on Access to Information on a pilot scheme basis. The code will be extended throughout the government by the end of 1996. Any person who believes that a department has failed to apply any provision of the code properly may make a complaint to COMAC for review.

In October 1995, COMAC launched the Ombudsman Week in Hong Kong. It also hosted the 15th Australasian and Pacific Ombudsman Conference and an International Ombudsman Symposium in Hong Kong. About 40 delegates from ombudsman institutions in 18 countries participated in these events, the first of their kind held in Hong Kong.

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 one of the oldest departments in the territory. The first Auditor-General was appointed in 1844.

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. The Director has wide powers regarding access to books, documents and records, and the explanations which may be required. The Director is not subject to the direction or control of any other person or authority, and has considerable discretion in the conduct of inquiries.